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Bert W Salas Inc; 2010-01-15; PWS10-16ENG Part 1 of 4
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DQCtt 2010-0542975 OCT08, 2010 2:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: H/r Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1 . 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on May 28, 2010. The name of the contractor for such work or improvement is Bert W. Salas, Inc. 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: Las Encinas Creek Bridge Replacement, Project No. 3919. The street address of said property is in the City of Carlsbad. 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 /V{Lht-lcmu £ , 2010, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on QUM\zJL*-Le 2010, at Carlsbad, California. CITY OF CARLSB/ AB 20,373 RESO 2010-234 City Clerk c~>u^ru \Am.O CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 BID NO. PWS10-16ENG Revised 5/1/08 Contract No. 3919 Page 1 of 237 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 11 Contractor's Proposal 15 Bidder's Qualifications Statement 21 Bid Security Form 25 Bidder's Bond to Accompany Proposal 26 Guide for Completing the "Designation Of Subcontractors" Form 28 Designation of Subcontractor and Amount of Subcontractor's Bid Items 30 Bidder's Statement of Technical Ability and Experience 31 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation 32 Bidder's Statement Re Debarment 33 Bidder's Disclosure of Discipline Record 34 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 36 Contract Public Works 37 Labor and Materials Bond 43 Faithful Performance/Warranty Bond 45 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 47 Revised 5/1/08 Contract No. 3919 Page 2 of 237 Pages GENERAL PROVISIONS Section 1 Terms, Definitions Abbreviations and Symbols 1-1 Terms 50 1-2 Definitions 51 1-3 Abbreviations 55 1-4 Units of Measure 58 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 59 2-2 Assignment 59 2-3 Subcontracts 59 2-4 Contract Bonds 60 2-5 Plans and Specifications 61 2-6 Workto be Done 65 2-7 Subsurface Data 65 2-8 Right-of-Way , 65 2-9 Surveying 65 2-10 Authority of Board and Engineer 69 2-11 Inspection 70 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 70 3-2 Changes Initiated by the Agency 70 3-3 Extra Work 71 3-4 Changed Conditions 74 3-5 Disputed Work 75 Section 4 Control of Materials 4-1 Materials and Workmanship 77 4-2 Materials Transportation, Handling and Storage 82 Section 5 Utilities 5-1 Location 82 5-2 Protection 82 5-3 Removal 83 5-4 Relocation 83 5-5 Delays 84 5-6 Cooperation 84 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 85 6-2 Prosecution of Work 89 6-3 Suspension of Work 89 6-4 Default by Contractor 90 6-5 Termination of Contract 90 6-6 Delays and Extensions of Time 90 6-7 Time of Completion 91 6-8 Completion, Acceptance, and Warranty 92 6-9 Liquidated Damages 92 6-10 Use of Improvement During Construction 92 Revised 5/1/08 Contract No. 3919 Page 3 of 237 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 93 7-2 Labor 93 7-3 Liability Insurance 93 7-4 Workers' Compensation Insurance 94 7-5 Permits 94 7-6 The Contractor's Representative 95 7-7 Cooperation and Collateral Work 95 7-8 Project Site Maintenance 95 7-9 Protection and Restoration of Existing Improvements 97 7-10 Public Convenience and Safety 97 7-11 Patent Fees or Royalties 103 7-12 Advertising 103 7-13 Laws to be Observed 103 7-14 Antitrust Claims 104 Section 8 Facilities for Agency Personnel 8-1 General 104 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 104 9-2 Lump Sum Work 104 9-3 Payment 105 9-4 Bid Items 108 Revised 5/1/08 Contract No. 3919 Page 4 of 237 Pages TECHNICAL SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS DIVISION 02 - SITE WORK 02050 Demolition 02110 Clearing, Grubbing, and Stripping 02140 Dewatering 02200 Earthwork 02223 Trenching, Excavation, Backfilling, and Compacting (completed by City Stds.) 02232 Preparation of Pavement Subgrade 02240 Soil Stabilization 02270 Erosion Control 02273 Rip-Rap 02340 Boring and Jacking Steel Casing (see City Std. section 15125) 02490 Precast Concrete Manholes and Vaults 02506 Concrete Wheel Bumpers 02517 Portland Cement Concrete Paving 02527 Concrete Driveway, Sidewalk, Curb and Gutter 02530 Pavement Marking and Signs 02542 Underdrains 02550 Asphalt Concrete Pavement and Base 02556 Reinforced Concrete Pipe (ASTM C76) 02595 Small Polyvinyl Chloride Non-pressure Pipe Rubber Joints (ASTM D3034) 02623 Microtunneled Pipe 02730 Sanitary Sewer System Testing 02810 Landscape Irrigation Systems 02830 Chain Link Fence and Gate(s) 02900 Landscaping DIVISION 03 - CONCRETE 03100 Concrete Formwork 03200 Reinforcement Steel 03290 Joints in Concrete 03300 Cast-in-Place Concrete (Renumber City Std.) 03315 Grout 03360 Pneumatically-placed Concrete 03370 Concrete Curing 03400 Precast Concrete 03740 Concrete Repair DIVISION 04 - MASONRY 04230 Reinforced Concrete Block Hollow Unit Masonry DIVISION 05 - METALS 05120 Structural Steel 05500 Miscellaneous Metalwork 05520 Aluminum Railings Revised 5/1/08 Contract No. 3919 Page 5 of 237 Pages DIVISION 06 - WOOD AND PLASTICS 06100 Rough Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07190 Vapor Retarder 07920 Sealants and Caulking DIVISION 08 - DOORS AND WINDOWS DIVISION 09 - FINISHES 09800 Protective Coatings 09870 Tape Coating System with Mortar Shield for the Exterior of Steel Water Pipelines (completed by City std.) 09900 Painting and Coating (completed by City std.) 09902 Petrolatum Wax Tape Coating (completed by City std.) DIVISION 10 - SPECIALTIES DIVISION 11 - EQUIPMENT DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION DIVISION 14 - CONVEYING SYSTEMS 3Revised 5/1/08 Contract No. 3919 Page 6 of 237 Pages DIVISION 15 - MECHANICAL 15000 General Piping System and Appurtenances 15041 Disinfection of Piping 15044 Hydrostatic Testing of Pressure Pipelines 15056 Ductile-Iron Pipe and Fittings 15057 Copper Tubing, Brass and Bronze Pipe Fittings 15061 Cement-Mortar Lined and Coated Steel Pipe and Specials 15064 Polyvinyl Chloride (PVC) AWWA C-900 Pressure Pipe 15066 Polyvinyl Chloride (PVC) AWWA C-905 Pressure Pipe 15074 Blowoff Assemblies 15092 Miscellaneous Couplings, Pipe and Appurtenances 15099 Process Valves, Regulators and Miscellaneous Valves 15100 Resilient Wedge Gate Valves (RWGV's) 15102 Butterfly Valves (BFV's) 15105 Check Valves 15108 Air Release Valve, Air and Vacuum Valve and Combination Air Valve Assemblies (Sewage Air Release Valve?) 15110 Plug Valves 15112 Backflow Prevention Assemblies 15121 Open Trench Casing 15125 Jacked Pipe Casing 15139 Fire Hydrants 15140 Relocate Fire Hydrants and Water Meters DIVISION 16 - ELECTRICAL 16560 Traffic Signals, Lighting, and Traffic Electrical Systems 16640 Cathodic Protection by Sacrificial Anodes DIVISION 17 - INSTRUMENTATION AND CONTROL Revised 5/1/08 Contract No. 3919 Page 7 of 237 Pages Part 2 SUPPLEMENTAL PROVISIONS TO PART 2, 3 AND 6 OF THE SSPWC Construction Materials Section 200 Rock Materials 200-1 Rock Products 109 200-2 Untreated Base Materials 110 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 111 201-3 Expansion Joint Filler and Joint Sealants 112 Section 203 Bituminous Materials 203-6 Asphalt Concrete 113 203-11 Asphalt Rubber Hot Mix (ARHM) Wet Process 114 Section 204 Lumber and Treatment with Preservatives 204-1 Lumber and Plywood 114 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 114 206-8 Light Gage Steel Tubing and Connectors 117 206-9 Portable Changeable Message Sign 118 Section 207 Pipe 207-2 Reinforced Concrete Pipe 119 207-9 Iron Pipe and Fittings 120 207-10 Steel Pipe 120 207-25 Underground Utility Marking Tape 120 Section 209 Signals, Lighting and Electrical Systems 209-1 General 122 209-2 Materials and Installation 124 209-3 Controller Assemblies 146 209-4 Traffic Signal Faces and Fittings 147 209-5 Detectors 164 209-6 Lighting 175 209-7 Removing, Reinstalling or Salvaging Electrical Equipment 187 209-8 Payment 188 Section 210 Paint and Protective Coatings 210-1 Paint 189 210-3 Galvanizing 189 Section 212 Landscape and Irrigation Materials 212-1 Landscape Materials 190 212-2 Irrigation System Materials 196 212-3 Electrical Materials 198 Section 213 Engineering Fabrics 213-2 Geotextiles 199 213-3 Erosion Control Specialties 199 Section 214 Pavement Markers 214-5 Reflective Pavement Markers 199 Section 215 Fencing 215-1 Environmental Fencing 200 Revised 5/1/08 Contract No. 3919 Page 8 of 237 Pages PARTS Construction Methods Section 300 Earthwork 300-1 Clearing and Grubbing 201 300-2 Unclassified Excavation 202 300-3 Structure Excavation and Backfill 203 300-4 Unclassified Fill 203 300-5 Borrow Excavation 204 300-9 Geotextiles for Erosion Control and Water Pollution Control 205 300-11 Stonework for Erosion Control 206 300-12 Rock Slope Protection Fabric 206 300-13 Storm Water Pollution Prevention Plan 207 Section 301 Treated Soil, Subgrade Preparation and Placement of Base Materials 301-1 Subgrade Preparation 210 Section 302 Roadway Surfacing 302-1 Oiled Roadways and Shoulders 210 302-5 Asphalt Concrete Pavement 212 302-11 Asphalt Pavement Repairs and Remediation 213 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures 214 303-2 Air-Placed Concrete 215 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 215 303-6 Stamped Concrete 215 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 215 306-5 Abandonment of Conduits and Structures 219 Section 307 Street Lighting and Traffic Signals 307-3 Street Lighting Construction 219 307-4 Traffic Signal Construction 219 Section 308 Landscape and Irrigation Installation 308-2 Earthwork and Topsoil Placement 219 308-4 Planting 220 308-5 Irrigation System Installation 223 308-6 Maintenance and Plant Establishment 224 308-7 Guarantee 225 308-9 Wetland Mitigation 225 Revised 5/1/08 Contract No. 3919 Page 9 of 237 Pages Section 310 Painting 310-5 Painting Various Surfaces 232 Section 312 Pavement Marker Placement and Removal 312-1 Placement 233 Section 313 Temporary Traffic Control Devices 313-1 Temporary Traffic Pavement Markers 233 313-2 Temporary Traffic Signing 234 313-3 Temporary Railing (Type K) and Crash Cushions 234 313-4 Measurement and Payment 236 Part 6 Modified Asphalt, Pavement and Processes 600-3 Rubberized Emulsion - Aggregate Slurry 237 NOTICE TO CONTRACTORS: The following exhibits, documents, reports, and plans are incorporated by reference and made a part of this contract: Appendix A City of Carlsbad Public Construction Notice, Enclosed Appendix B Technical Specifications, Enclosed Appendix C Agency Project Permits, Approvals, and Conditions of Construction Appendix D Geotechnical/Foundation Report Appendix E Storm Water Pollution Prevention Plan NOTE: This Plan is not reproduced and provided in this document. Copies of the Plan are on file at the City of Carlsbad's offices, 1635 Faraday Avenue, Carlsbad, California 92008. Revised 5/1/08 Contract No. 3919 Page 10 of 237 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON DECEMBER 1, 2009, 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: Demolish and construct a new bridge, including approach roadway improvements, cut-off walls and rock rip rap for scour protection, for Las Encinas Creek Bridge Replacement Project, (Br. No. 57C-0214L). LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 BID NO. PWS10-16ENG INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General 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. 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. 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. The work shall be performed in strict conformity with the plans, and specifications entitled LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT, CONTRACT NO. 3919 as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include California Department of Transportation Standard Specifications, Technical Specifications, and the Standard Specifications for Public Works Construction. 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. Revised 5/1/08 Contract No. 3919 Page 11 of 237 Pages BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of any and all Addenda 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re. Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $1,600,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. NOTICE TO CONTRACTORS: THIS IS A FIXED SCHEDULE CONTRACT. ATTENTION IS DIRECTED TO SECTION 6-7 OF THE GENERAL PROVISIONS. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES 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 classification of Contractor's license required in the performance of this Contract is a Class A. ESCROW AGREEMENT 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. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various 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 $30.00. INTENT OF PLANS AND SPECIFICATIONS 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 Revised 5/1/08 Contract No. 3919 Page 12 of 237 Pages 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. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids, to delete portions of the work, and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID 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. PRE BID MEETING An optional, non-mandatory pre-bid meeting will be held at 11:00 am on Tuesday, November 17, 2009 in Conference Room 173-B at the City of Carlsbad's offices, 1635 Faraday Avenue, Carlsbad, California. A tour of the project site will not be held. The contractor shall be responsible for inspecting the site before submitting his/her bid UNIT PRICES AND COMPUTATION OF BIDS 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. ADDENDUMS 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. oRevised 5/1 /08 Contract No. 3919 Page 13 of 237 Pages BOND AND INSURANCE REQUIREMENTS 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 one hundred percent (100%) of the total amount payable by the terms of the contract. 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 General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 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. 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. BUSINESS LICENSE 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. 2009-257, adopted on the 20™ day of December, 2009. October 21,2009 Date 0Revised 5/1/08 Contract No. 3919 Page 14 of 237 Pages CITY OF CARLSBAD LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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, General Provisions, Contract Documents, 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. 3919 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" ROAD AND STRUCTURE IMPROVEMENTS Item No. Description A-1 Mobilization not to exceed $100,000 at Approximate Quantity And Unit LS Unit Price (Figures) Total Amount (Figures) $ (Price in Words) A-2 Clearing and Grubbing not to exceed $25,000 at LS (Price in Words) A-3 Roadway Embankment at (Unit Price in Words) A-4 Construction schedule at (Price in Words) A-5 Traffic Control "Specialty Item" at 1,731 CY $ /^ > O LS LS 73*0 0 76, $ OL) (Price in Words) Revised 5/1/08 Contract No. 3919 Page 15 of 237 Pages Item No. Description A-6 Bridge Removal at Approximate Quantity Unit Price And Unit (Figures) LS (Price in Words) A-7 10" Aggregate Base at (Unit Price in Words) A-8 6" Rubberized Asphalt Concrete Pavement at (Unit Price in Words) A-9 Finishing Roadway (Price in Words) A-10 Concrete Barrier Type 80SW (Mod) at LS $ 163CY $ 197 TON $ $ 3 OC?Q. 83 LF $ Total Amount (Figures) $ $ $ 5" c>t. e. ,.; $3 9.Q io. (Unit Price in Words) A-11 Concrete Barrier Type 732 at 48 LF $ (Unit Price in Words) A-12 Structure Backfill (Bridge) at 279 CY $ / £. CO (Unit Price in Words) A-13 Cold Plane AC Pavement at 78 SQYD $ ^ 3 £> (Unit Price in Words) A-14 6" Type A AC Dike at (Unit Price in Words) 74 LF 7,5o Revised 5/1/08 Contract No. 3919 Page 16 of 237 Pages Item No. Description A-15 4-Ton Rip Rap at (Unit Price in Words) A-16 2-Ton Rip Rap at (Unit Price in Words) A-17 1/4-Ton Rip Rap at (Unit Price in Words) A-19 CONSPAN Arch Bridge "Specialty Item" or Equal at Approximate Quantity Unit Price And Unit (Figures) 1,345CY $ 890 CY $ 593 CY $ (Unit Price in Words) A-18 RSP Filter Fabric Type B at 1.490SQYD $ c? LS £00,000 ,00 Total Amount (Figures) $ $ . $1<*Q (Price in Words) A-20 Metal Beam Guard Rail (Type 12B)w/SRT Terminal System 62 LF $ //,c>£»$ (Unit Price in Words) A-21 Metal Beam Guard Rail (Type 11 A) w/SKT Terminal System at 75 LF $ t?tj,&t> (Unit Price in Words) A-22 Traffic Signal Modification at (Price in Words) A-23 Paint Traffic Stripe and Pavement Marking at A •^ (Price in Words) Revised 5/1/08 LS $ £,^00.00 LS $ H. IOO.OQ $ V Contract No. 3919 Page 1 7 of 237 Pages item No. Description A-24 Tubular Handrailing (Modified) at Approximate Quantity Unit Price And Unit (Figures) 72 LF $ 'I Oo, (Unit Price in Words) A-26 Anti-Graffiti Coating at (Unit Price in Words) A-27 Backing No.2 at (Unit Price in Words) A-28 Wetland Mitigation and Revegetation at 950 SF 227 CY LS (Price in Words) A-25 Temporary Fence (Type ESA) 545 LF $ at Total Amount (Figures) $21 , $ $ , $ 2 . «> o (Price in Words) A-29 Type III Barricade at (Unit Price in Words) A-30 Temporary Cover at 3 EA 195 SQYD t 00 (Unit Price in Words) A-31 Temporary Concrete Washout Facility at 1 EA (Unit Price in Words) A-32 Temporary Erosion Control 195 SQYD $_ Blanket at (Unit Price in Words) Revised 5/1/08 Addendum No. 1 Contract No. 3919 Page 18 of 237 Pages OPENED, WITNESSED AND RECORDED Approximate t Item Quantity t. Unit Price Total Amount No. Description And Unit (Figures) (Figures) A-33 Temporary Active Treatment LS $ *//,Cte>.&o $ , go t? System at (Price in Words) A-34 Construction Site LS $ Management at (Price in Words) Total amount of bid in words for.Schedule "A": #//£ M iLLiotf 7>/ft ££ fy q ^ PR C £>to Total amount of bid in numbers for Schedule "A": $ /, 3* ^ & . M 4> & >-p-* f _ The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) Note). Q10D has/have been received and is/are included in this proposal. 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 ten (10) calendar days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number /^7^/Yf , classification */j" which expires on 3f *> I /Z0/0 , 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. 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 Revised 5/1/08 Contract No. 3919 Page 19 of 237 Pages Check a License or Home Improvement Salesperson (HIS) Registration - Contractors State ... Page 1 of 1 Department of Consumer Affairs .GOV Contractors State License Board Contractor's License Detail - License # 275199 <LO DISCLAIMER: A license status check provides information taken from the CSLB license database. 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 7071.17. 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 database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: Workers' Compensation: 275199 Extract Date: 12/01/2009 BERT W SALAS INC 10769 WOODSIDE AVENUE #205 SANTEE, CA 92071 Business Phone Number: (619) 562-7711 Corporation 03/24/1972 03/31/2011 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 105022112 in the amount of $12,500 with the bonding company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. Effective Date: 12/30/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BOB EDWARD SALAZ 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: 11/29/1999 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 7693093 Effective Date: 01/01/2009 Expire Date: 01/01/2010 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use | Privacy Policy Copyright © 2009 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseDetail.asp 12/01/2009 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 <D/ji l~>0 ''d (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 5/1/08 Contract No. 3919 Page 20 of 237 Pages BIDDER'S QUALIFICATION STATEMENT (To Accompany Proposal) ENCINAS CREEK BRIDGE PROJECT NO. 3919 SUPPLEMENTAL BID PROPOSAL REQUIREMENTS Securing bids from qualified, experienced bridge contractors is of extreme importance to the City of Carlsbad. Therefore, prospective bidders are hereby notified of the following supplemental bid proposal requirements. All bidders must complete and submit with their proposal this Bidder's Qualification Statement. Failure to provide this form with complete, updated, and accurate information at the time of bid submittal may, at the sole election of the City of Carlsbad, cause the bid proposal to be declared non-responsive by the City of Carlsbad. The City of Carlsbad reserves the right to waive minor irregularities and clerical errors. INSTRUCTIONS Bidders are instructed to complete the following information completely and accurately. Provide responses to all information requested below. The City of Carlsbad will verify the accuracy of the information provided following receipt and public opening of all bids received. List one (1) new "CONSPAN," or equivalent, arch span bridge structure constructed as the prime contractor since January 1, 2000. The term "prime contractor" shall be understood to be the principal contracting party and "lead contractor" and not acting as a sub- contractor, installer, material or system supplier, or other non-principal contracting party. Bridge Project Name: Date Construction Began: Date Construction Completed: Location: Owner / Agency Name: Owner / Agency Address: Owner / Agency Phone Number: Owner / Agency Current Contact: Were you the "Prime Contractor?" Bridge Designed by: (Name) Bridge Designer Phone Number: Was this a new, CONSPAN, or equivalent, arch bridge? 0AE <•/-/- of ,// Circle NO Circle YES Revised 5/1/08 Contract No. 3919 Page 21 of 237 Pages DEC-08-2009 TUE 04:35 PM P. 001 PLEASE COMPLE1ETHI6 INFORMATION, RECORDING FOR; Department ol Publto Worts ConsliiMtton Engineering Division 5555 OvefeaU Ave., Buldlpg $ (MS 060) Bern DJ«flO,CA 92123 WHEN RECORDED MAIL TO. Purchasing and ConVflotlnp Director (MS 082) 6555 Overtoil) Ave,8Wg, 11 THE'lKIGIHliLOFMSDpClJHEHT'' UftS RECORD OK m 16, 2003 WSm WHO Zfl GREGORV J. SHlTHr CDUHTV DIEGO OTIY REOWDBi'B OFFICE T1HE: 1:18 PH ' VHI$ SPACE FOR RECORDER'S USE ONLY COUNTY OF SAN DIESO ACCEPTANCE OF WORK & MATERIALS and NOTICE OF COMPLETION NOTE: To be recorded with Cwnty Recorder wllhln 10 days after completion. No recording fee. 1. Department Regommondlng A&ceptaffce; DEPARTMENT Of PU&LIC WOftKS 2, Pml&oi No. 4CKW5 ConlractNo 465B3 5, ContracTJD&te3, Name of Contractor BERT W.SALA8, INC. Oame of Surety on Contfflotor's Bond Nation ^Jle. or Description of Publlo Work Involved Sufficient fw Identification 7, BondNp, RFB3P013 i: As provided In conjraci specified In Itwn 3~ftboye which 4C2005 8, ProJV» 1 | «J lrl/V T 1}JV, %fl WWVUIIUWVIf VI 1 *4*/ll" • J VI •\|lfl»-'ll V** %'h'lll V/Vf II IVf |VVTIl*flVM*lIs on 111? with we County of San Diego, Office of Purchasing and Contracting. Live Oak Park Road Precast pridgB aqa Charmel Biproyernen1r Activity No *~"^9, Street Address, or Legal Description" of^lte On Live Qgk P By: Deputy Director, Departmgnt of Public Works 11 Acceptance of Work and Materials (Date of Completion] NOTICE IS HEREBY GIVEN by the County of San Dlsgo tfcalUw fitiw* f«f«wf to were eon^teled by aowplenw by Ih? ^w»heatr>9 »nsf Conlmcliog Director on Pie Itit surety en th» C«nVwltfs Bout) ot «»kl Conlnactor «s as t»l fo^h ubove. |owNcfiChapfer4 of T»» ISotPart 4 oJDMslonTHW cflSe CM! C«te spplka, , HAiAjhe ConlfBclw pn saU conlrart and publtowcwk end Ihe UBITIB ol COUMTY/QFSANplEG' Purchasing wit) pontrscllng Director VERIFICATION ThS wndtrtlgned tttdww thai hefclw l» Rrt «HlP*r, tansfy, Wmton F. MtCyt FurehB»!n» *n<) C»ft(«etlnj Oboclorof ttis County cl 6an Dltgo, Whloh le llw OVrf*r o(ths publlowort dwcnliBd In It* wiWrt. Hott» o! Cwnplsllon exscutsd by said County; thai he tws ie«d (he wira B^ kiww th» wnlsnto th»wl oml Ibst Ilie (Mis Utsreln tle<6() sre loi» of hb (Wn knmfadg*: «nd M h« mstws (hit wriMon l»r «nd on bf hstf of «aid Cminjy o) Ssn Diojo, I dsolare ureie) penalty of peijwy ttel H)» (ot«^nj b lm» and com;cl Execul«i) on Ihs. Uday ol APRIL 20j£L. al Ban Olsgo, Purchasing and Contracting mSTRWTIONS AND ORDINAL D18TRI8UTIW; Hwns 1 through 10 to to completed by Dspartmenl; Qrtgliwl 10 Pvrth95l«a Snd Cofllrtctlflj. Originating Depolmo/il rolalnt copy REONDED COPY DISTRIBUTION; purchasing mi Cwilfscltj^ (Original] (032); Contactor; 1-Wp>itflMnl; fivwly; Ccntnsjlw Branch OH!w (OW5); Eiit) 8vy»nw>i>, and Road Reglsigr(03M); County CwWflW*W«W18, County Roads (0311) ^ . •" A&E-16 (Rev. 7/99) 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 5/1/08 Contract No. 3919 Page 22 of 237 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2). (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of /Z / (4) Place of Business , . (Street and Number) City and State Z>rt4Sr&(^ (7 A 7 (5) Zip Code ff^/0// _ Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 5/1/08 Contract No. 3919 Page 23 of 237 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of vY^-fl i_V < On personally appeared cVC ' before (Here insert name and title of the officer) o who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) DANA L. MICHAELIS Commission # 1800513 Notary Public - California San Diego County My Comrn. Expires Jun 27.2Q191 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /af*) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •J* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 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 5/1/08 Contract No. 3919 Page 24 of 237 Pages BID SECURITY FORM (Check to Accompany Bid) LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 (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 5/1/08 Contract No. 3919 Page 25 of 237 Pages Company Profile Page 1 of 2 Company Profile TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF AMERICA Effective Date: 07-01-1997 Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 31194 NAIC Group #: 3548 California Company ID #: 2444-8 Date authorized in California: July 31, 1981 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT 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 AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://interactive.web. insurance. ca.gov/webuser/idb_co_prof_utl.get_cojprof?p_EID=6182 12/01 /2009 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Financial Ratine Organizations Last Revised - June 26, 2009 05:53 PM Copyright © California Department of Insurance http: //interactive .web. insurance. ca. gov/webuser/idb_co_prof_utl. get_co_prof?p_EID=6182 12/01/2009 BIDDER'S BOND TO ACCOMPANY PROPOSAL LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 KNOW ALL PERSONS BY THESE PRESENTS: .-••-• * .That W8, Bert W. Salas, Inc. 38 Principal, and Travelers Casualty and Surety Company of America 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 bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, -successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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 tha 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. &SE-Revllsed 5/.1/08 - Contract. No_3919 --- _ _ Page-26 of-237-Pages- Executed by PRINCIPAL this.day of...2CL PRINCIPAL. Bert-W. Salas, Inc. (print name here) (Title and Organization of Signatory) By:-.(sign here) (print name here) (title and organization of signatory) Executed by SURETY this 30th day Of November F 20 09 . SURETY: Travelers Casualty and Surety Company of America (name of Surety) One Tower Square Hartford, CT 06183 (address of Surety) 858-616-6240 (telephone number of Surety) Bv: l/M/h -^^7 -(signature of At^ney-in-Fact)~ (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 Revised 5/1/08 Conlrad No. 3919 Page 27 of 237 Pages TRAVELERS^ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 221144 Certificate No. 00 3 22 5 042 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sioux Munyon, Cynthia Barnett, Anne Wright, and Dana Michaelis of the City of La Mesa , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, thisSeptember 2009day of , . 10th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. On this the 10th day of September 2009 By: , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011.Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insuranc6 Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Kori M. Johansoo/Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On November 30, 2009 before me, Dana L. Michaelis. Notary Public Date personally appeared Anne Wright Here Insert Name and Title of the Officer Name(s) of Signer(s) DANA L. MICHAELIS t Commission # 1800513 L Notary Public - California i San Diego County 5 My Comm. Expires Jun 27,2012 L Place Notary Seal Above who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h Signature Signature of Notary Pu 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(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Bf Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 3£<^<&3gE£<?g<?fii5gaS<^5<^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvww.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of \ On \3-\-before me,L . personally appeared t> . (Here insert name and title of the officer) who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DANA L. MICHAELIS ~'t Commission* 1800513 No;ary Pub"c • California Sar; Diego County My Comm. E>pires Jun 27 Signature of Notary Public (Notary' Seal) 2012t ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer n n n n (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /aw) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. *!f Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •> Indicate title or type of attached document, number of pages and date. •> Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 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 General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General 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" (bid items A-5 and A-19) 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. 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 various supplemental provisions. The decision of the City Council shall be final. A•^ Revised 5/1/08 Contract No. 3919 Page 28 of 237 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 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 5/1/08 Contract No. 3919 Page 29 of 237 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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 Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* CA 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 5/1/08 Contract No. 3919 Page 30 of 237 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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 ofJWork Subcontractor Name and Location of Business Subcontractor's License No. and Classification* Amount of Work by Subcontractor in Dollars* 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 5/1/08 Contract No. 3919 Page 30 of 237 Pages DEC-02-2009 WED 04:11 PM '.001 BERT W. SALAS, INC. FAX COVER SHEET W769 WOODSIDE AVENUE SUITE 205 SANTEE, CA, 92071-1160 PHONE (619) 562-7711 FAX (619)258-3515 Send to: CITY OF CARLSBAD Attention: KEVIN DAVIS Office location: CARLSBAD Fax number: (760) 602-8562 From; BOB SALAZ Date: 12/2/2009 Office location: SANTEE Phone number: (619) 562-7711 LJ Urgent LJ Reply ASAP Q Please comment EJ Please review [_) For your information Total pages, including cover: 3 Comments: RE: LAS ENCINAS CREEK BRIDGE REPLACEMENT. 1. Subcontractors list and amount Any questions please cal me at (619) 977-5608 Bob Salaz DEC-02-2009 WED 04: DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CONTRACT NO.1?) The Bidder certifies that it has used the sub-bid of the following listed subcontractors In preparing this bid for the Work and thai the listei. 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 ofyVOrk Subcontractor Name and Location of Business Subcontractor's License No. and .Classificatiori* Amount of Work by . Subcontractor :. th.-E(ollars* •;' Page | of .../r pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of trie 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 05/01708 Contract No. 8607-08-01 Page 25 of 134 Pages DEC-02-2009 WED 04:11 PM P. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CONTRACT NO, ^~ 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 listei, subcontractors wili bs 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 wili be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Pbrtioh of Work /•/ffT) p^¥, Subcontractor Name and . .. Location of Business N/Jb-OVT^ IWAMv2£>MT> rm^oj/Lpi^Ey^t J^J^J^fcyM C'^W....... Subcontractor's License No. and ^Classification* I^OfS!^)^ fr<*ry^7 i Amount of Work by \ Subcontractor i ':.. in {Dollars^: i<Viss;ob Page.pages of this Subcontractor Designation form Pursuant to section 4104 (a){2)(A) California Public Contract Code, receipt of trie 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 05/01/OS Contract No. 6607-08-01 Page 25 of 134 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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 Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised 5/1/08 Contract No. 3919 Page 31 of 237 Pages BERT W. SALAS, INC. CONTRACTING/EQUIPMENT RENTAL LIC. #2 751 99 10769 WOODSIDE AVE., SUITE 205 / SANTEE, CA. 92071 PHONE (619) 562-7711 FAX (619) 258-3515 DECEMBER 1, 2009 RE: WORK HISTORY/ REFERENCE OWNER JOB: COUNTY OF SAN DIEGO PUBLIC WORKS DELUZ ROAD STORM DAMAGE REPAIR IN FALLBROOK STORM DRAIN AND WATER REPLACEMENT LINE JOB #967 $419,415. CONTACT: ESTELL STOGSDILL (858)694-3170 OWNER JOB: COUNTY OF SAN DIEGO PUBLIC WORKS STORM DAMAGE REPAIR, TETON PASS ST. & BURRIS DRIVE STORM DRAIN AND WATER REPLACEMENT LINE JOB#RFB879 $762,730. CONTACT: ESTELL STOGSDILL (858)694-3170 OWNER JOB: COUNTY OF SAN DIEGO PUBLIC WORKS PEUTZ VALLEY ROAD STORM DAMAGE REPAIR STORM DRAIN AND WATER REPLACEMENT LINE JOB #938 $425,830. CONTACT: ESTELL STOGSDILL (858)694-3170 OWNER JOB: COUNTY OF SAN DIEGO PUBLIC WORKS LILAC ROAD STORM DAMAGE REPAIR IN FALLBROOK STORM DRAIN AND WATER REPLACEMENT LINE JOB#RFB880 $445,422. CONTACT: ESTELL STOGSDILL (858)694-3170 OWNER JOB: COUNTY OF SAN DIEGO PUBLIC WORKS LOS COCHES CREEK SEWER IMPROVEMENTS STORM DRAIN AND WATER REPLACEMENT LINE JOB # 518105 $1,243.000.00 CONTACT: ESTELL STOGSDILL (858)694-3170 If any further information is needed feel free to contact me at the above phone number. Thank you, Bert W. Salas, Inc. Bob Salaz (President) BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) IS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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: Bf Comprehensive General Liability Q Automobile Liability y Workers Compensation [3 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 and the General 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. Revised 5/1/08 Contract No. 3919 Page 32 of 237 Pages ACORDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCER Phone: 619-849-3833 Fax: 619-699-2164 Alliant Insurance Services, Inc. 701 B Street, 6th floor San Diego CA 92101 INSURED Bert W. Salas, Inc. 10769 Woodside Ave . #205 Santee CA 92071 DATE (MM/DD/YYYY) 12/30/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE iNsuRERA:Obe Specialty In iNsuRERB:Nationwide Mutual Insurance C INSURER C: INSURER D: INSURERS: NAIC# 11515 23787 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A B ADD'LNSRD X X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE |x | OCCUR X RFPD, XCITT X BLKT CONTRACTUAL GEN'L AGGREGATE LIMIT APPLIES PER:n i 1 PRO 1 1 POLICY |X 1 JECT 1 1 LOG AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY 1 OCCUR | | CLAIMS MADE B DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER GXG00330 7813154494 POLICY EFFECTIVEDATE (MM/DD/YY) 1/1/2009 1/1/2009 POLICY EXPIRATIONDATE (MM/DD/YY) 1/1/2010 1/1/2010 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT cm AU1 ^ERTHAN EAACC OONLY: AQG EACH OCCURRENCE AGGREGATE E.L E.L WC STATU- OTH-TORY LIMITS ER EACH ACCIDENT DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1. 000, 000 $50,000 $ 5, 000 $ 1, 000, 000 $2,000,000 $2,000,000 $ 1, 000, 000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ *E: LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT, BID NO. PWS10-16ENG, PROJECT NO. 3919 THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO THE ABOVE REFERENCED PROJECT FOR GENERAL LIABILITY AND AUTO LIABILITY PER THE ATTACHED ENDORSEMENTS. PRIMARY AND TON-CONTRIBUTORY COVERAGE APPLIES PER THE ATTACHED ENDORSEMENT FOR GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION 10 Days for non-ament CITY OF CARSLBAD PUBLIC WORKS PURCHASING DEPT., ATTN: KEVIN DAVIS 1635 FARADAY AVENUE CARLSBAD CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. AUTHORIZED REPRESENTATI ACORD 25 (2001/08)©ACORD CORPORATI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: GXG00330 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 Organlzation(s): As required by written contract. If required by your agreement with such Additional Insured, thjs;ins«ranc& shall ;be primary insurance and noocorrtributory for that Additional insured. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4, Other Insurance, subparagraph c., Method of Sharing. The inclusion of one or more Insured under the terms of this endorsement does not increase our limits of liability. 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 amendedto 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 onyour 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 tothese 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 whichthe 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 Page 1 of 1 POLICY NUMBER: GXG00330 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): As required by written contract. If required by your agreement with such Additional Insured, this insurance shall be primary insurance and non-contributory for that Additional Insured. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4, Other Insurance, subparagraph c., Method of Sharing. The inclusion of one or more Insured under the terms of this endorsement does not increase our limits of liability. Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: GXG00330 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated ConstructionProject General Aggregate Limit applies toeach designated construction project, andthat limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "pro ducts-completed operations hazard", and for med ical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations forEach Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGEA for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 C. When coverage for liability arising out of the E. The provisions of Limits Of Insurance "products-completed operations hazard" is pro (SECTION III) not otherwise modified by this vided, any payments for damages because of endorsement shall continue to apply as "bodily injury" or "property damage" included in the stipulated. "products-completed operations hazard" will reduce the Products-Completed Operations A ggregate Limit, and not reduce the GeneralAggregate Limit nor the Designated ConstructionProject General Aggregate Limit. D. If the applicable designated constructionproject has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. Page 2 of 2 Copyn'ght, Insurance Services Office, Inc., 1996 CG 25 03 03 97 BUSINESS AUTO AC 01 02 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENDORSEMENT FORM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A.TRAILERS AND FARM B. CHANGES FOR EQUIPMENT 1. Under SECTION I - COVERED AUTOS, the following are added to Paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos: 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, panel truck or van if not used for busi- ness purposes, other than farming or ranching. 5. Farm wagons or farm implements while being towed by a covered "auto". CHANGES FOR ADDITIONAL NEWLY ACQUIRED VEHICLES 2. Paragraph B.2 of SECTION 1 - COVERED AUTOS is replaced by the following: 2. If Symbol 7 is entered next to a cover- age in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover at least one "auto" you own for that coverage or it re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. The most we will pay for Physical Damage Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to the largest deductible applicable to any "auto" for that Coverage. C. BLANKET ADDITIONAL INSURED Any person or organization which you have agreed to name as an additional insured in a written contract, executed prior to an acci- dent, other than a contract for the lease or rental of a vehicle is an "insured" for Liability Coverage, but only to the extent that person D. E. or organization qualifies as an "insured" un- der the Who Is An Insured Provision con- tained in Section II - LIABILITY COVERAGE of the Coverage Form REPLACED EXCLUSIONS The Expected or Intended Injury Exclusion IN SECTION II - LIABILITY COVERAGE is replaced by the following: Expected or Intended Injury "Bodily injury" or "property damage" which is expected or intended by the "insured". This exclusion applies even if the resulting "bod- ily injury" or "property damage": a. is of a different kind, quality or degree than initially expected or intended; or b. is sustained by a different person, entity, real property, or personal property than that initially expected or intended. ADDITIONAL EXCLUSIONS The following exclusions are added to SECTION II- LIABILITY COVERAGE: Damage to Named Insured's Property Any claim or "suit" for "property damage" by you or on your behalf against any other per- son or entity that is also a Named Insured under this policy. Abuse or Molestation "Bodily injury" or "property damage" arising out of: a. The actual or threatened abuse or mo- lestation by anyone or any person while in the care, custody or control of any "in- sured", or b. The negligent: 1) Employment; 2) Investigation; 3) Supervision; 4) Reporting to the proper authorities, AC 01 02 03 08 or failure to so report; or Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 3 with its permission. ACP BA 7B-1-3154494 LKGQ 08364 INSURED COPY ACO1020308O1 0001 78 0091617 AC 01 02 03 08 5) Retention; of a person for whom any "insured" is or ever was legally responsible and whose conduct would be excluded by Para- graph a. above. Abuse means an act which is committed with the intent to cause harm. Explosives "Bodily injury" or "property damage" caused by the explosion of explosives you make, sell or transport. Rolling Stores If a covered "auto" is a rolling store, "bodily injury" or "property damage" resulting from the handling, use or condition of any item the "insured" makes, sells or distributes if the injury or damage occurs after the "in- sured" has given up possession of the item. Wrong Delivery of Liquid Products "Bodily injury" or "property damage" result- ing from the delivery of any liquid into the wrong receptacle or to the wrong address, or from the delivery of one liquid for another, if the "bodily injury" or "property damage" occurs after the delivery has been com- pleted. Delivery is considered completed even if fur- ther service or maintenance work, or correc- tion, repair or replacement is required be- cause of wrong delivery. Professional Services "Bodily injury": a. Resulting from the providing or the fail- ure to provide any medical or other pro- fessional services. b. Resulting from food or drink furnished with these services. "Bodily injury" or "property damage" result- ing from the handling of corpses. F. MOTOR HOME CONTENTS COVERAGE 1. For a covered "auto" that is a motor home the following exclusions are added TO SECTION III - PHYSICAL DAMAGE: Motor Home Contents This insurance does not apply to: a. "Loss" to the covered "auto's" contents, except equipment usual to trucks or pri- vate passenger "autos". b. c. "Loss" to TV antennas, awnings or ca- banas. "Loss" to equipment designed to create added living facilities. However, these exclusions do not apply if Miscellaneous Personal Property Coverage is provided by endorsement to this policy. G. ACCIDENTAL AIRBAG DISCHARGE COVERAGE Under Paragraph B.3.a. of SECTION III - PHYSICAL DAMAGE, the following is added: Mechanical breakdown does not include the ac- cidental discharge of an airbag. H. PHYSICAL DAMAGE LIMIT OF INSURANCE Paragraph C. Limit of Insurance of SECTION III - PHYSICAL DAMAGE INSURANCE is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replac- ing the damaged or stolen prop- erty. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of total "loss". 3. The cost of repairing or replacing may: a. Be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non- original equipment manufactur- ers and b. Include a deduction for better- ment for a part or parts that are normally subject to repair or re- placement during the useful life of the "auto", such as, but not limited to tires and batteries. Betterment means the difference between the actual cash value of a part immediately before the "loss" and the cost to replace that part with a new part. Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. AC 01 02 03 08 ACP BA 78-1-3154494 LKGQ 08364 INSURED COPY AC0102030801 0001 78 0091618 AC 01 02 03 08 I. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE, the follow- ing is added: No deductible applies to glass damage if the glass is repaired rather than replaced. J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS The requirement in Loss Condition 2.a. Duties In The Even Of Accident, Claim, Suit Or Loss - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident", "claim", "suit", or "loss" applies only when the "accident", "claim", "suit", or "loss" is known to : 1. You, if you are an individual 2. A partner, if you are a partnership; 3. An executive officer or the employee desig- nated by you to give such notice if you are a corporation; or 4. A member, if you are a limited liability com- pany. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTON IV - BUSINESS AUTO CONDITIONS - B.2. is amended by the addition of the follow- ing: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect addi- tional premium or exercise our right of cancella- tion or nonrenewal. L. AUTOS HIRED OR RENTED BY EMPLOYEES If hired or rented "autos" are covered "autos" on this policy, the following provisions apply: A. Changes In Liability Coverage The following is added to the Who Is An In- sured Provision in SECTION II - LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. B. Changes In General Conditions Paragraph S.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties re- lated to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". M. EMERGENCY LOCKOUT PASSENGER VEHICLES - PRIVATE We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the pri- vate passenger type subject to these provisions: 1. Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto", or 2. Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and 3. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 02 03 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 ACP BA 78-1-3154494 LKGQ 08384 INSURED COPY AC0102030801 0001 7B 0091619 BUSINESS AUTO AC0101A0308 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar insurance available to that organization. Coverage under this provision is afforded until the 180 day after you acquire or form the or- ganization or the end of the policy period, whichever is later. B. TEMPORARY SUBSTITUTE AUTOS - PHYSI- CAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Sub- stitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. C. EMPLOYEES AS INSUREDS - NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II - Liability Coverage: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, AC 01 01A 03 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission hire or borrow in your business or your per- sonal affairs. D. SUPPLEMENTARY PAYMENTS - BAIL BONDS Paragraph A.2.a. (2) of Section II - LIABILITY COVERAGE is revised as follows: (2) Up to $2,500 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to furnish these bonds. E. SUPPLEMENTARY PAYMENTS - LOSS OF EARNINGS Paragraph A.2.a.(4) of Section II - LIABILITY COVERAGE is revised as follows: (2) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. FELLOW EMPLOYEE - OFFICERS, MANAGERS, AND SUPERVISORS Paragraph B.5. Fellow Employee of SECTION II LIABILITY COVERAGE is replaced by the fol- lowing: 5. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. Paragraph B.6. Care, Custody or Control of SECTION II - LIABILITY COVERAGE does not apply to "property damage" to property, other than your property, up to an amount not exceeding $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. Page 1 of 3 ACP BA 78-1-3154494 LKGQ 08364 INSURED COPY AC0101030801 0001 78 0091614 AC 01 01A 03 08 2. The following paragraph is added to Section A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is tost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. H. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "auto" you own is covered by this policy for Comprehensive, Specified Causes of Loss, or Collision coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- ply. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deductible does not apply to fire or lightning. I. EXPANDED TOWING COVERAGE We will pay up to: 1. $100 for a covered "auto" you own of the private passenger type, or 2. $250 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. However, the la- bor must be performed at the place of disable- ment. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Cover- ages. J AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a maxi- mum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III - PHYSICAL DAMAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Acci- dent, or Disability insurance pur- chased with the lease; and 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. K. RENTAL REIMBURSEMENT COVERAGE 1. This coverage applies only to a covered "auto" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "toss" and ending, regardless of the policy's expiration, with the lesser of the fol- lowing number of days: a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Sched- ule. 4. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission AC 01 01A 03 08 ACP BA 78-1-3154494 LKGQ 08364 INSURED COPY AC0101030801 0001 78 0091615 AC 01 01A 03 08 penses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension, 7. Coverage does not apply to any covered "auto" for which coverage is provided by en- dorsement form CA9923 on this policy. L. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE is replaced by the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the pe- riod beginning 48 hours after the theft and end- ing, regardless of the policy's expiration, when the covered "auto" is returned to us or we pay for its "loss". M. EXTRA EXPENSE - STOLEN AUTOS The following paragraph is added to Section A.4. of SECTION III - PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage N. NEW VEHICLE REPLACEMENT COST The following is added to paragraph C.Limit of Insurance of SECTION 111 - PHYSICAL DAMAGE INSURANCE: 4. The provisions of paragraphs 1. and 2. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross ve- hicle weight of 20,000 pounds or less which is a new vehicle. In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged vehicle, not including any insurance or warranties purchased; b. If it is available, the purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment or the most similar model available, not in- cluding any furnishings, parts, or equip- ment not installed by the manufacturer or manufacturers' dealership; or. c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases In this endorsement, a new vehicle means an "auto" of which you are the original owner that has not been previously titled and which you purchased less than 365 days before the date of the "loss". O. BLANKET WAIVER OF SUBROGATION The following is added to paragraph 5. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - BUSINESS AUTO CONDITIONS): We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. AC 01 01A 03 08 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 3 with its permission ACP BA 78-1-3154494 LKGQ 08364 INSURED COPY AC0101030801 0001 78 0091616 COMPENSATION INSURANCE POLICYHOLDER COPY SD P.O. BOX 420807, SAN FRAIMCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-08-2010 GROUP: POLICY NUMBER: 7693093-2010 CERTIFICATE ID: 46 CERTIFICATE EXPIRES: 01-01-2011 01-01-2010/01-01-2011 CITY OF CARLSBAD 1635 FARADAY AVE CARLSBAD CA 92008-7314 SD JOB:LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT BID #PWS10-16ENG & PROJECT 3919 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. H-^/i-v THORIZED REPRESENTATIVSO PRESIDENT THIS CERTIFICATE IS PART OF AN ADR FAMILY THAT ALSO INCLUDES THE FOLLOWING POLICIES: 6653118-10, 6693093-10 EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - BOB SALAZ PRES.SEC.TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2010 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BERT W SALAS INC 10769 WOODSIDE AVE STE 205 SANTEE CA 92071 SD (REV.2-05I [B16.SD] PRINTED : 01-08-2010 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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 debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: (name of Contractor) (print name/title) Page.of pages of this Re Debarment form Revised 5/1/08 Contract No. 3919 Page 33 of 237 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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 contractor's 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? 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? Vx 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 I of '*•*" pages of this Disclosure of Discipline form Revised 5/1/08 Contract No. 3919 Page 34 of 237 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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) Bv: (sign here) (print name/title) ' Page ^~ of ~ pages of this Disclosure of Discipline form Revised 5/1/08 Contract No. 3919 Page 35 of 237 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 State of California County of ) ) ss. ) LU. (Name of Bidder) _, being first duly sworn, deposes and says that he or she is of (Title) . &PHPS. : (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 of perjury that the foregoing is true and correct and that this affidavit was executed on the I day of "QgCem-Q pg: 20 O°f. Signature of Bidder Subscribed and sworn to before me on the day of \\QeevY)b&- 200^ (NOTARY SEAL) Revised 5/1/08 DANA L. MICHAELIS Commission # 1800513 Notary Public - California | san oieg0 County Comm. Expires Jun 27,2012 Contract No. 3919 Page 36 of 237 Pages Citv of Carlsbad Public Works - Contract Administration November 20, 2009 ADDENDUM NO. 1 RE: LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT BID NO. PWS10-16ENG Please include these addendum pages in the Notice to Bidders/Request for Bids you have for the above project. This page—receipt acknowledged—must be included in your bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature \_ 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-4677 • FAX (760) 602-8562 Citv of Carlsbad Public Works - Contract Administration November 20, 2009 ADDENDUM NO. 1 RE: LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT BID NO. PWS10-16ENG Please include these addendum pages in the Notice to Bidders/Request for Bids you have for the above project. This page—receipt acknowledged—must be included in your bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue - Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (76O) 602-8562 November 20, 2009 ADDENDUM NO. 1 LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CITY PROJECT NO. 3919 Enclosed herein is Addendum No. 1 for the City of Carlsbad's Las Encinas Creek Bridge Replacement Project, City Project No. 3919. This Addendum is incorporated by reference and made a part of the contract documents, drawings, and specifications for said project. Prospective bidders are hereby notified of the changes, additions, and clarifications herein to be applied in preparation and submission of bids for this project. Bid date for this project is unchanged and remains 2:00 pm, Tuesday, December 1,2009. This Addendum No. 1 contains the following materials: 1. Addendum No. 1 dated November 20, 2009; (2 pages) 2. Replacement Page 18 of Contractor's Proposal (NOTE TO BIDDERS: ITEM NO. A-26 IS CHANGED. USE THIS, OR COPY THEREOF, FOR BID SUBMITTAL) 3. "Plan Sheet Changes and Addendums After 100% Submittal;" (2 pages) 4. Added page 10-1.21 to Appendix "B" Technical Specifications; (1 page) 5. Added pages 10-1.24 to Appendix "B" Technical Specifications; (2 pages) 6. Modifications to drawing sheets 2 through 6 inclusive entitled: a. "General Notes & Legend, Sheet #2" (1 of 1) b. "Roadway Plan & Profile, Sheet 3" (1 of 3) c. "Roadway Plan & Profile, Sheet 3" (2 of 3) d. "Roadway Plan & Profile, Sheet 3" (3 of 3) e. "Construction Grading Plan, Sheet 4" (1 of 2) f. "Construction Grading Plan, Sheet 4" (2 of 2) g. "General Plan, Sheet 5" (1 of 1) h. "Foundation Plan, Sheet 6" (1 of 3) i. "Foundation Plan, Sheet 6" (2 of 3) j. "Foundation Plan, Sheet 6" (3 of 3) 7. Certified Utility Location Report dated 09/23/09; (1 of 1) 8. EWA Land Outfall, Figure 1; 9. EWA Effluent Discharge Plant Details, Figure 2; 10. EWA Outfall Verification, Entire Outfall, Figure 3; 11. Mitigation Measures, CDP 09-08 / SUP 09-03 / HMP 09-06; (4 pages); END OF ADDENDUM NO. 1 Item No. Description A-24 Tubular Handrailing (Modified) at Approximate Quantity Unit Price And Unit (Figures) 72 LF $ (Unit Price in Words) A-26 Anti-Graffiti Coating at (Unit Price in Words) A-27 Backing No.2 at (Unit Price in Words) A-28 Wetland Mitigation and Revegetation at LS (Price in Words) A-25 Temporary Fence (Type ESA) 545 LF $ at 950 SF $ 227 CY $ Total Amount (Figures) $_ $_ $ $_ (Price in Words) A-29 Type III Barricade at (Unit Price in Words) A-30 Temporary Cover at SEA $_ 195SQYD $ $ (Unit Price in Words) A-31 Temporary Concrete Washout Facility at 1 EA (Unit Price in Words) A-32 Temporary Erosion Control 195SQYD $_ Blanket at (Unit Price in Words) cRevised 5/1/08 Addendum No. 1 Contract No. 3919 Page 1-8 of 237 Pages PLAN SHEET CHANGES AND ADDEIXDUMS AFTER 100% SUBMITTAL LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT BRIDGE No. 57C-0790 L REMINDER TO ALL BIDDERS: Questions, emails, phone calls, etc., from contractors shall end Thursday, November 19 at 5:00pm. Type of Changes / Addenda Top Layer of Riprap + Notes and Legend- Revised Description of Riprap under Legend Deleted "Quantity" Column & Added MBGR Reference Deleted hand-written note & Revised it electronically Revised Note 1 on Foundation Plan to match specs. Added Note Revised Bottom of Cut-Off Wall Elevation upstream Revised Legend for Clarification Added General Notes for Design Affected Sheets (Sheet #) Roadway Plan & Profile (3) Construction Grading Plan (4) General Notes & Legend (2) General Notes & Legend (2) Roadway Plan & Profile (3) Foundation Plan (6) General Plan (5) Foundation Plan (6) Foundation Plan (6) Foundation Plan (6) Changes Requested By / Notes Lesley Ewing with CCC To conform to CCC's request Nolte & City to avoid conflicts City Nolte Nolte Nolte Nolte Nolte Date of Change 10/20/2009 10/22/2009 10/29/2009 11/03/2009 11/11/2009 11/12/2009 11/12/2009 11/12/2009 11/12/2009 NOTES / CHANGES / CLARIFICATIONS TO THE SPEC BOOK 1. Under Appendix "B", Technical Specifications, all reference to the Standard Specifications shall mean the "State of California Department of Transportation, Standard Specifications, May 2006. 2. Delete pages 5, 6, and 7 of the spec book. 3. The first sentence of paragraph 2 under Section 10-1.19 "Colored Concrete", is revised as follows: "The precast concrete surfaces of the retaining walls/wingwalls, headwalls, arch, and the cast-in-place concrete surfaces of the concrete barriers shall be integrally pigmented concrete ". PLAN SHEET CHANGES AND ADDENDUMS AFTER 100% SUBMITTAL 4. Replace Section 10-1.24 Metal Bridge Railing in its entirety with this revised section provided herewith. 5. Under Schedule 'A', page 18 of 237, please revise the Approximate Quantity of Item No. A-26 to 950 SF. 6. For "Wetland Mitigation / Revegetation" specifications, please refer to Section 308-9 of the General Provisions on page 225 instead of Section 212, "Landscape and Irrigation Materials". 7. The "Mitigation Monitoring and Reporting Program" shall be incorporated into, and made a part of, Appendix "C". 8. The page that covers the end of Section 10-1.20 "Reinforcement", and Sections 10-1.21 "Anti-Graffiti Coating", and 10-1.22 "Slope Protection" in Appendix "B" - Technical Specifications, has been inadvertently omitted during printing. Please incorporate this sheet at the end of Section 10-1.20. 9. The sixth paragraph under Section 10-1.25 Concrete Barrier of the Technical Specifications is revised as follows: "Concrete barrier (Type 732) and concrete barrier (Type 80SW) (Modified) will be measured and paid for by the linear foot". 10. Please note that the Cast-in-place Structural Slab and Cut-Off Wall Designs must be submitted for approval by the Engineer. 11. With reference to Page 21, "Bidder's Qualification Statement," delete the word "arch" wherever used on this page and substitute the word "precast." OTHER AVAILABLE INFORMATION FOR REVIEW EITHER INCLUDED OR AT THE FRONT COUNTER, CITY OFFICES, 1635 FARADAY AVENUE, CARLSBAD, CALIFORNIA, 92008 DURING REGULAR BUSINESS HOURS 1. Encina Outfall Drawings (Total of 3 sheets 8.5" x 11"). 2. Certified Data Report of Sewer Outfall Location. 3. 1928 Widening Details (One sheet). Also reference Geotechnical - Foundation Report, Appendix D, Bridge Widening / Repair Plan in the specifications. httpjjwww.dotpa.gpv/hg/esc/approved products list/' MEASUREMENT AND PAYMENT Measurement and payment for reinforcement in structures shall conform to the provisions in Section 52-1.10, "Measurement," and Section 52*1.11, "Payment," of the Standard Specifications. 10-1.21 ANTI-GRAFFITI COATING This work includes applying anti-graffiti coating to concrete surfaces. Comply with Section 59-6s "Painting Concrete," of the Standard Specifications. Submit manufacturer's application and removal instructions 7 days before starting work, MATERIALS Anti-graffiti coating must 1, Be a nontoxic, sacrificial, nonflammable, water-based coating designed for protecting concrete from graffiti 2, Be compatible with the concrete surface treatment 3, Have a clear matte finish when dry 4, Be removable with a hot pressure washer CONSTRUCTION Cure new concrete surfaces under Section 90-7.03, "Curing Structures," of the Standard Specifications. Test concrete surfaces for acceptance of coating under the manufacturer's recommendations oefore coating. Areas that resist accepting coating must be cleaned and retested. Apply anti-graffiti coaling under the manufacturer's recommendations in at least 2 even coats. MEASUREMENT AND PAYMENT The contract price paid per square foot for anti-graffiti coating includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and applying anti-graffiti coating to concrete surfaces, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer, 10-1.22 SLOPE PROTECTION Slope protection shall be placed or constructed in conformanee with the provisions in Section 72, "Slope Protection," of the Standard Specifications, and these special provisions, The new 4-Ton and 2-Ton rock shown on the plans shall closely match the color of the existing rock riprap "KRC - Sunrise" or approved equal. Contractor shall provide samples for approval by Engineer prior to ordering and delivery, If, in the opinion of the Engineer, the rock color does not closely match the color of the existing rock, he may reject the sample. Contractor shall be responsible for ail costs associated with the delivery, rejection, re-ordering and re-deiivery of new rock to the satisfaction of the Engineer. Rock slope protection fabric must be Class IjD. 10-1.24 METAL BRIDGE RAILING Metal tube bridge railing, and tubular handrailing shall conform to the provisions in Section 83-1, "Railings", of the Standard Specifications and these special provisions. Resin capsule anchors shall conform to Section 75-1.03, "Miscellaneous Bridge Metal," of the Standard Specifications. Mortar for the mortar pad shown on the plans shall conform to Section 51-1.135, "Mortar," of the Standard Specifications. Drilling and bonding threaded rods shall conform to the details shown in the plans, the provisions in Section 83-2.020(1), "General", of the Standard Specifications, and these special provisions. Threaded rods shall conform to Section 75-1.03, "Miscellaneous Bridge Metal", of the Standard Specifications. Aluminum railing shall be furnished and installed on the bridge and approaches in accordance with these special provisions, the details shown on the plans and as directed by the Engineer. Metal railing shall be aluminum alloy conforming to ASTM Designation: 6063- T6. The material shall be clear anodized in accordance with Aluminum Association Designation AA- M12C22A41. The anodized coating shall be Aluminum Association Architectural Class 1 with a minimum thickness of 1.0 mils. Horizontal railing elements shall be designated for a minimum loading of 50 pounds per lineal foot acting simultaneously transversely and vertically. Posts shall be designed with horizontal reactions applied at the center of gravity of the horizontal rails. Allowable stresses for railing members shall be the yield strength of the material divided by a factor of 2.0. The Contractor shall submit calculations for the railing design and shall submit working drawings of the metal railing for approval by the Engineer prior to fabrication in accordance with the provisions of Section 5-1.02, "Plans and Working Drawings," of the Standard Specifications. Fabrication shall be performed in conformance with standard shop practices. The completed sections shall be assembled in the shop and shall be checked for straightness, alignment and dimensions. Adjoining rail sections shall align with each other within 1/8 inch. Joints shall be match marked. Any variations shall be corrected to the satisfaction of the Engineer. The finished railing shall be resistant to vandalism and shall be fabricated to prevent manual disassembly. Alternate methods of fastening railing elements may be employed subject to approval by the Engineer. Connections shall be made in a manner that will present a smooth exterior surface free of projecting bolts, rivets, fasteners or other protrusions. Connections made by welding shall conform to the following requirements: The welding processes and operators involved in fabrication of the aluminum railing shall meet the qualifications test using 6063- T5 test plates following the method described in ASME . Boiler and Pressure Vessel Code, Section IX, "Welding Qualification", Part B. The welding process shall be the tungsten inert gas arc welding method or the consumable electrode inert gas method, at the option of the Contractor. Preheating, when required, shall be performed with temperatures not to exceed 400 degrees Fahrenheit for more than 30 minutes prior to welding. The oxide coating on the aluminum shall be removed immediately before welding by etching or by scratch brushing with a stainless steel wire brush. Portions of welded joints that have been rejected because of defects shall be repaired only by welding. The defect area shall be removed by chipping, grinding, or machining. Flame cutting defects will not be permitted. Before welding, the joint will be inspected to insure that all defective weld material has been removed and that the joint is sufficiently accessible to obtain full penetration weld through the joint. Radiographic and non-destructive test methods shall conform to Test Method No. California 601, Part V, Radiographic Inspection of Weld. Dirt, grease and lubricants or other deleterious material shall be removed from areas to be welded, by cleaning with a suitable solvent or by vapor degreasing. All welds shall be ground smooth or filled as required to present a uniform and neat appearance without irregularities. Adequate precautionary measures shall be taken by the Contractor to protect the anodic oxide finish from damage during shipment and through all operations to final acceptance of the work. Anodized elements damaged from any cause, prior to final acceptance of the work, shall be replaced by the Contractor at his expense. The portion of aluminum posts embedded in concrete shall be painted with two coats of bituminous paint. Care shall be taken to provide painting for a sufficient length to provide the proper protection without exposing the painted sections to view. Handling, transporting, and installing of posts shall be performed in manner to prevent abrading anodized or painted surfaces, and any surface so abraded shall be replaced or repainted prior to their installation. Any touch-up of anodized surfaces will be at the Contractor's expense and shall be subject to the approval of the Engineer. Railing posts shall be grouted into place using a non-shrink cement-grout mixture. Cement and sand shall be of the same type and from the same source as that used in deck concrete. Additives such as vinyl-adhesive concrete glue may be added, if required, to improve non-shrink qualities. In the event shrinkage of grouted post pocket areas occur visibly, or if color matching is performed unsatisfactorily, such work shall be removed and redone. Grouted post pocket areas shall be kept continuously wet for a minimum period of 7 days after completion of grouting. Metal railing shall be erected to present a smooth uniform profile that will match the theoretical bridge profile. Rail expansion joints shall be located at bridge joints and elsewhere in accordance with the manufacturer's recommendations. Rail expansion joints shall provide movement capability consistent with the movement ratings of the bridge joints. Full compensation for furnishing and installing anodized aluminum tubular handrailing and lower handrailing, resin capsule anchors, and for furnishing threaded rods, base plates, and associated hardware, for constructing the mortar pad, and for drilling holes and bonding threaded rods, shall be considered as included in the contract price paid per linear foot for Tubular Handrailing, and no separate payment will be allowed therefor. e wit KW ro •MNo SOUihBOWBSA(» or o> wocwtt suwawc I-P PUK ,C fetor NO. ^-— BTIA.I hO. TO STAK»AK» P1AHS Twr POI10WHO STAIt Of CiMJfORHIA OEPAR'IMENT OFSTANDARD PLAKS OAIEO MAY 2006 ME A PARt W THESE COM TRACT A1Q* A1O9 A«ZC SABtS OT: PAYMENT RQft-£xeAVATION *NO BACKHU, WIIOGE METAI, 8CAM GWAXO RAIUNS -rfPICAl. LATwJTS FS» SswCTuRC METAl BEM8 »«i.«C TSRWKAL SYSTtU -<-TWE SRT} METAL BEAM RA1LTC TESHNAL SYSTEM TYPE 732 CONCRET5 fWUWPER. TiPZ «BSW rtMPORARY'RAjjNS (fW£ K) THE Fffll.,<}W»«6 SAN BlEOO'ARC A PART Of THESE -OONTSACt STAWAR8 8SAWO OAIED • AWBt 4006 LEGEND _9!&.WS.. . iBOM* ASP/Mtf KOCX SUOPf PfiSTFCTOfii {?- JW A«® f-TOj rfV**i-^ {t/4-rawj 6' tl«r A AC SHEET «fif fl eCNCBflE BARRIER TYPE EOSW (MODtFUU)) BASWER TYPE 732 MANO RAHWS (MOOffEOj Tt.MPO»ARY 6SA' FCTCE TEMPOSiARY 8AH.WO (">PE K) WQCTCI« BARRICADE' (TVPer HI) SSP fCTEB FABW1S fYSPe 9 51WSU <S-S '-« SS^S^i COPY o o 3W EX. PAVEMENT- 5-0' SHLfjR TRAVELWAY 20 % RMCIWAY BSKE LM lO'-O" 10" i "A" r ,- 7 \ ' JOP Of' BANK ELEVATION "^ASEE. PC5INT DATA TABLE, ON 'CONSTRUCTION GRADING PLAN 9AST \ 6" ASPHAl T CONCRETE / BACKING—v MO. ? -ILTER FABRIC TYPE B TYPICAL SECTION STA. 105+00.00 TO 105+18,06 STA. 106+00,90 TO 106+50.00 HORIZONTAL SCALE i*=10* VERTICAL SCALE. 1"=4' 6 ASPHALT CONCRETE' 10" AGGREGATE BASE COLD PLANE AC DIRECTION OF TRAVEL SHEET PILES PROPOSED CENTERtlNE 2-TON AND 4-TON RIP RAP, INTERMIXED FF i -TON RIP RAP BACKING NO, 2. EXISTING BRIDGE PROPOSED BRIDGE RSP FILTER FABRIC TYPE B CM U 00|- o oLLJ O CD Q EXISTING ENCINA SEWER OUTFALL PIPE CONSTRUCTION NOTES (T) REMOVf. AND DISPOSE OF EXISTING BRIDGE, RETAINING WALLS, "" CREEK SLAB AND CUT- 0'^ '.VAnS AND PILE FOUNDASSOMS K> 3"-0" BELOW BOTTOM OF FOOTINGS. (?) INSTALL 36' SPAN X 8' FUSE CONS»AN ARCH BRIDGE (OR APPROVED EQUAL). (3) 6" RUBBERIZED ASPHAL! CONCRETE OVER 10* AGGREGATE BASE^k~^ (4) CONTRACTOR SHALL INSTALL 9Cf, f PilES AS NECESSARY NO FURTHER THAN THE DISTANCES ShCWN FROM THE EDGE OF DECK LENGTH AND DEPTH O- SHEET PtLES SHALL BE DETERMINED BY THC CON TRACTOR f0 CONTROL Iht WATER FLOW FROM THE CREEK AND FROM THE OCEAN DURING THF REMOVAL OF THE EXISTING BRIDGE AND CONSTRUCTION OF THE NEW SLAB ANO CUT-Qfl WAltS. THf-METHOD AND PROPOSED LOCATION OF THE SHEET PILES SHALL BE SUBMITTED TO THE OTY ENGINtER FOR APPROVAL. i'RJOR TO CONSTRUCTION (~£) RLMOVt AND SALVAGE fcXISHNG RIPRAP WITHIN THF. LIMITS OF THE PROPOSED RIPRAP. TIC CXSSTING RIPRAP CAN BE REUSP.D FOR THE PROPOSED WPRAP WI^H PRIOR APPROVAL OF THE CITY ENGINEER. NEW 4-TON AND 2 -TON RIPRAP SHALL MATCHTHE COLOR or THE LX»STING RIPHAP. PROTECT IN PLACE UTILITY RISER GROUNDING WRE, (?) CONTRACTOR SHALL REMOVE ALL A.C. PAVEMENT WITHSN THC LIMITS OF THE PROJECT TO OETFRMlNF WHETHER OR NOT SAWCUTTING Will BE RF QUIRED. CONSTRUCT 6" TYPE A A.C DIKE PER SORSD G-S FR01ECT EXISTING A.C. SPILLWAY PN PLACE JNSTAU ROCK SLOPE PROTECTION (4-TON, METHOD A ANO 2-TON, METHOD A. INTERMIXED). vx>^-~v«->^^s^^N^>v-*^^-*s^*^^>^> INSTALL ROCK SLOPE PROTECTION (>4-TON . METHOD B <& PLACEMENT) PER CAL TRANS STANDARD SPECIFJCATiONS SECTION 72, XS»»^^_yv^V»XV-^»s_>V-^N^>S«rf«»—<^s«x«^^«s^ PROTCCT EXISTING STREET SIGN IN Pi ACE PROTECT EXISTING AC DIKE IN ® •"-v >© CONTRACTOR SHALL REMOVE EXISTING ROADWAY STRIPING AND MARKINGS ANO INSTALL STRiPiNG AND MARKINGS TO MATCH THE ORM3NAi I ANE CONFIGURATIONS AND IEGENDS PRIOR 10RE -ALIGNMENT OF LANES FROM STA -co+oo TO STA 110+00. (JS) ^ ([§) CONTRACTOR TO BE RESPONSIBLE FOR MAINTAINING* "'^ ' ' COLD PLANE. ASPHALT CONCREW. PAVtMENT PER DETAIL A, THIS SHEET. (f?5 INSTALL TYPE 128 MBGR PER CALTRANS STANDARD PuAN A77F1, *•••- flu T,,*;. s-^i 'tRMlNAL SYS If-M. (IB) INSTALL TYPE 11A M8CR PER CAL1RANS STANDARD PLAN A?7P, WITH 1YPE SKT fERMtNAL SYSTEM. @ CONTRACTOR SHALL BE RESPONSIBLE FOR ENSURING THA F THE MTERGRITY OF THE EXISTING 72*0 OUTFALL *S MAINTAINED AT ALL TIMES DURING THE INSTALLATION AND RF-MOVAl OF SHEET PitES, THE DISTANCE TO THE TOP Ot THE SEW^IR OUTFALL PlPf MEASURED -ROM THE SURFACE IS APPROXIMATELY 5 FFFT. (A) THIS CONTOUR LINE REPRESENTS THE APPROXIMATE LOCATION OF THE HIGH TIDE ELEVATION OF 7.65' (MLLW) OR APPROXIMATELY 4,77' (NCVD 29). (5) THIS CONTOUR LINE REPRESENTS THE. APPROXIMATE LOCATION OF .THC MEAN HIGH WATER (MNW) ILfVABON OF 4.60' (MLLW) OR APPROXIMATELY 1.72' (NCVO 29). 1) ELEVATIONS FOR UNES (A) it (§) WERE' OBTAINED FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION'S (KOAA) WEBSITE (hUp:\V!desondctjrrent*.nc>oa\data} AMD ARE BASED ON THE LA JOU.A STATION (0:9410230, PUBLICATION DATE 04/21/2003, THESE ELEVA1IONS WERE THEN CONVERTED TO THE NGVD29 DATUM USiNG THE CITY OF SAN DIEGO'S REGIONAL STANDARDS DRAW5NG NO, M-- 12, 2) VIBRATION MONITORING MAY BE REQUIRED AT THE DISCRETION OF TIC ENGINEER. COST FOR SAID MONITORING SHALL BE INCLUDED ?N THE PRICES PAiD FOR THE VARIOUS ITEMS OF WORK. AND NO SFPARAlEPAYMENT wo. BE MADE THEREFOR, v-»V^><^V**V**><~N<*%*^^s^~V^<>^*V' 3) CONTRACTOR SHALL REMOVE AND DISPOSE OFF-SITE OUT OF THE CALIFORNIA COASTAL ZONE ALL DEBRIS, INCLUDING BUT NOT IJMIttO TO, CONCRETE, STEEL, ROCK, ASPHALT, PIPE, BROKEN CONCRETE, WOOD. VEGETATION, UNSUITABLE SOILS, AND ALL OTHER MATERIALS GfNFRATFO BY THF. BRIDGE REMOVAL, PREPARATION ANO INSTALLATION OF THE REVFTMFNT, AND ROADWAY EMBANKMENT AND PAVEMENT WORK. ALL COSTS ASSOCIATED VWT'M DEBRIS REMOVAL AND OFF-SITE WSPOSAl SHALL Rf INaUOEO MM THE LUMP SUM PAYMENT FOR "CLEARING ANO GRUBBING" 8iD HTM A-2, AND/OR THE LUMP SUM PRICE FOR "BRIDGE REMOVA1" BID ITEM A-6, AND/OR THE UNiT PRiCE FOR "ROADWAY EMBANKMENT" SID ITEM A-3, NO OTHER COMPENSATION SHALL 8E REQUESTED Bv TH{ CONTRACTOR NOR APPROVED 6V THE CITY. •^ ••1^^ •COPY PRECAST ARCH BRIDGE. APPROX BACKING NO NOTE: PLACE BACKING, FILTER •FABRIC, AND RIP RAP AROUNDCUTOFF WALL AS SHOWN AT LOCATIONS WHERE THEY ARE INCONFLICT. SECTION A-A 1/4-TON RIPRA^ 4.0 FABRIC TYPE B LEGENS PROPOSED MAJOR CONTOURS PROPOSED MINOR CONTOURS EXISTING MAJOR CONTOURS EXISTING MINOR CONTOURS POINTS PROPOSED CENTERLINE SHEET PILES Ff 1-TON RIP RAP BACKING NO, 2 PROJECT LIMITS TEMPORARY ESA FENCE RSP FILTER FABRIC TYPE , sktt-l- o NOTES: 1. 2. 3, 4. 5, 6. ALL CAST-IN -PLACE AND PRECAST CONCRETE SHALL HAVE A COMPRESS1VE DESIGN STRENGTH fc = 4000 RSI AT 28 DAYS, AL- CONCRETE SURFACES EXCEPT FOUNDATIONS, SLABS, AMD CUT-OFF WALLS SHALL BE INTEGRAL COLORED CONCRETE (SAN DIEGO MESA BUFF). ALL EXPOSED CONCRETE SURFACES SHALL BECOATED WITH ANTI-GRAFFITI COATING. REINFORCING STEEL SHALL HAVE A MINIMUMCONCRETE COVER AS TABULATED BELOW A. FOOTINGS, CUTOFF WALLS, WALLS AND SLABS.B. ARCH.. ...... ... .......... .......... ..... ; ...... .....,...,...;.,,.. ....... C. CURBS AND RAILINGS ..... ... ...... .,...;. ..... ..:.. ......... .... .3-IN. .2-IN. ALL -REINFORCING STEEL SHALL BE EPOXY COATED. FOR 100™YEAR FLOOD WATER SURFACE ELEVATION, SEE HYDRGLGGIC DATA SUMMARY TABLE ON "FOUNDATION PLAN" SHEET. CONSTRUCTION NOTES: 0 PAINT BRIDGE NO. "57C-G79QL" PAINT BRIDGE NAME "LAS ENQNAS CREEK BRIDGE" UM-ITS OF ANTI-GRAFFITI COATING . /~N^-"V'*-"*V'^N/'-^N^V^^ , f FOR GENERAL NOTES SEE "FOUNDATION PLAN" SHEET 4 BnJ CARLSBAD BOULEVARD !:" 00 I 4.11 k1.i ^-x e\ ! \s © Ko1Vi * / X'? / \ "/* , >"""""" y&-^'- >"'\) i " ! /I 1 ' f : / „._„. ! !»•-„•/ / / ; / ' ; ; ; .(' \ N '"• / V- \ \/ "- \. . \^ " " '*"., -*^-t- 30'""2" M-ST jj?ft*-/£ ,/s S ia-27'3' v^ flfBOGE zs"~<s" *VfSiITJ •,.^.;.,,.. v^ _ iue*oo \.SL/*B AND OiTQFF WALL TO BE. COMPLETELY /: IT1* PLAN 4 sr fur. FWNOADCM 1% aeOUNTCREO PUHINO CfWOOE «£««»«. OPERATIONS, CONTRACTOR SHALLNOTlTr ENGINEER WO SHALL Cl£*SLT MARK THE AFfftOstiMAiE tOCAUOMS Of T*€S£ Pa£S '"TO fcUtfiNG Off. TH£'V^^'S»-__yV^—(^V—^'^-j. AL5AC PAvacuT W?MIN nar yw!?s OF WE HWJEcrr TO BETCBMI« WMSIHO? « NOT =»RLL BE reousffio; r cwcwnt PAWMENI is EKCOUMIEMB. IHE CWJIRACT LUW SUM PA0 TO* ttBOCC MMOVAt, »I«U. WdUK; fULt COMPtMSAHDM fW FURNESWKB All, tABOR. M*1ERiAS, TOOLS. EQUPMENT. AND IMCKKHPAIS, ANB fOR 80IN6 1MK WBK WVOLVCD INssAwtsnTfWs, REisJOTHe, ANP OISPOSS* or AH. CONQUER ^AWMCNT, *w MO MDonoNAi COHrtNSATIOK SiiM.1. 8E <MLOiCD fMEREFQft, fsQ AS-Btffl-TS *SC AVAHA81F FOR €*STSmj S.A8 Ate9 COMfT WARS TO 9E KEMOVEB. UMITCO *S-Bli«lTS ARE *VA)tABtE FOR ABUTMENT AM9 WNaWAil. WXKWCS TO 8f SEMOVEO, mxmaM. AMD PCSMOUS BMW«ntL MAMMAL SHALL Be PLACEB aewKo KWOWAUS LIMITS OT "QUNP*T1O»* »NP SLAP . UttUS OF (*WOSEO ^-^sx*'~N1i^**~%^*'~^Vl*''™^v**~^N'*-*^V*^^S^l[ BOTTCM or FQOHN3/SOTTOM «F CUT-WT WAU, EUVABON 1 180 BY MAHUTACTUSER « AOCOROANtt WW OCOTECHi:»v seotocse ASSOCIATES , THESE D!MENS»NS Wit VARY SASFO OK WI APPSOVtO : FOOBSIG (MOTH o O - COSTING SUB AND CUTOFF WAIL TO BE COMPLETELY REMOVED ELAN 1" * 10' SENERAI. NOTES LOAD FACTOR DESIGN SRJD6E DESIGNS SPECIFICATIONS (1983 AASHTQ WITH INTERIMS ANO REVISIONS BY CALTRANS) 3S r>sf FOR FUTURE WEARWG SURFACE MS20-44 AND ALTERNATIVE AND PERMIT DESIGN tOAD DEAD tOAfl: UVE LOAWNS: SOSMIC LOADING: SOt PRGRLE TWE 0 (SQSUIC OESGN CfflTtRlA, 2006, TABLE B.I, APPENOW REWORCEO CONCRETE fy = §0,000 psi fc = 4,000 psi n - S TRANSVERS DECK SLABS (WORKING STRESS DESIGN) fy m 20.000 •' 1,200 ft «. 10 ALtOWAetE SEARING OAPAOTY NOMINAL SEAfWGFOOTING PRESSURE: SETAWING WALLS; SLAft .BOTTOM; 2.75 ksf 2,75 ksf SAF-r-DIG SAE UctnMt: CA-712492. AZ-1MMS P.O. BOX 1478 Palm Desert, CA 92261-1478 (800) 326-0446 * (760) 776-8278 fax Task ID: Project: Client Name: Work Site: Truck: Certified Utility Location Report Date Located:200902123 9/23/2009 Encina Outfall Sewer Line RMC Water and Environment Ref: South Bound Lanes Carlsbad Blvd 200' feet of the Bridge Crew Names: Eddy / Jay Client Hole#:Plan Sheet:Map Grid:SAF-r-DIG Hole#:4 1 Profile View (not to scale) Pavement & Soils Information Marker: SEE COMMEN Measured Distances from Surface Upper: Lower: Soils Code: OR _J ML (feet) - I Visual Utility Identification Information ! Size/Width: Type Code: Structure: Material: 72.1 SS P inl /• %JU] (in) - H I STL 1 i i i 1 i i 1 ! 11 S A: B: C: D tation/Offset (feet) OTT /Dir: •OP: OM: 5.00 11.00 (feet) (feet) Physical SWING TIE Information DistJfJL 6.85 212.20 58.10 Dir. E S N from PERMANENT exlstina fixture FACE OF CURB BRIIDGE ABUTMENT CENTER OF VAULT TERMS: C -Cable B/C - Back of Curb D - Duct bank CB - Catch Basin JKN - Unknown P - Pipe CLF - Chain Link Fence IVC -Asphalt/Concrete V -Vault Box CMU - Cone. Mason Wall \B - Aggregate Base E/P • Edge of Pavement X - Cement/Concrete ABS - Plastic Pipe F/C - Face of Curb 3R - Oft Road (Dirt) ACP - Asbes. Cement F/H - Fire Hydrant Sketch: (nOl 10 80310) CIP - Cast Iron Pipe IN - Inspection Hole E - Electrical CIPP- Cast in Place M/H - Manhole 3 - Gas/Petro/LP CAP - Corrugated Alum P/P - Power Pole R -Irrigation GIP - Galvanized Iron S/W- Side Walk rv -Cable TV GSP - Galvanized Steel WM -Water Meter;0 -Fiber Optics PE -Polyethylene WV -Water Valve D -Oil/Petro PVC - PolyVinal Chlor . 3D - Storm Drain RC - Reinforced Cone. 3S - Sanitary Sewer SL -Slurry fEL - Telephone STL - Steel fS - Traffic Signal STLC- Steel Coated N -Water STLW- Steel Wrapped TR -Transite VCP - Vitrified Clay Pipe WD - Wood Comments/Remarks: Marker is Whisker 48" Sanitary Sewer is in a 72" steel sleeve under South Bound lanes of Carlsbad Blvd. ii | | ; i I I 1 i 1 -= 1 ^T^*-^^ ^^^--^^^ ""^^^^ "k"*^*""^^^**~^^^^_ ^^^^"T ""^^"""*^^^ — ^^^-^^*"^"^^^^^_"*""*" — tata--*^" ^^^^^^ 2wr o o hO~a' PH-*-1 O O1 — ^ ^ Wednesday, September 23,2009 Page 5 of 5 S'L_Y LINC PANCHO \}UA HtDiOHOA,-» V= '-^=; Figure 1 EWA Land Outfall S'LY_LIN£ RANCHO AQUA HEDIONi Figure 2 EWA Effluent Discharge Plant Detailsh \ _.. PLAN SCAIE: 1-1/2- - 500--0- Figure 3 EWA Outfall Verification Entire Outfall Page 1 ot PROJECT NAME: Encinas Creek Bridge Replacement Project FILE NUMBERS: GDP 09-087 SUP 09-03/HMP 09-06 APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure BIO-1. All temporary impact areas shall be replanted with native species prior to completion of the construction. Prior to construction, a revegetation/planting plan shall be prepared by a qualified biologist and approved by the City of Carlsbad Planning Department to identify appropriate native species and success criteria. Newly seeded areas shall be monitored by a qualified biologist for erosion monthly (or more frequently as needed) for a period of 24 months post-construction or until has become established.In addition, all revegetated areas shall quarterly for the period of 24 months to prevent invasive plant vegetation be weeded species from dominating the revegetated areas. Mitigation for impacts to habitats shall occur onsite within or adjacent to the temporary work area and shall be completed at the ratios described in Table 1 . Table 1. Mitigation Ratios Vegetation Community (Holland Classification as modified by Oberbauer) Beach (64400) Open Water (64 100) Coastal and Valley Freshwater Marsh (52410) Disturbed Habitat (1 1300) Project Impacts Permanent Impacts 0.0 0.0 0.0 0.016 Temporary Impacts 0.067 0.016 0.004 0.255 Mitigation Ratios' 1:1 1:1 1:1 (no net loss) 0.1:1 Mitigation Acreage Required 0.67 0.016 0.004 0.271 ' Mitigation ratios are only for temporary impacts to beach, open water, and coastal and valley freshwater marsh. Mitigation measures for disturbed habitat are for both permanent and temporary impacts. Monitoring Type Project Monitoring Department Planning Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 2 of • Mitigation Measure BIO-2. Riprap placement shall be limited to areas where riprap already exists. New riprap shall not be placed onto the beach and shall not extend westerly beyond the existing riprap area. BIO-3. The contractor(s) shall be informed, prior to the bridge replacement, about the biological constraints of the project. The construction limits shall be clearly marked on project maps provided to the contractor(s) and all wetland areas within or adjacent to construction areas should be encompassed by orange environmental fencing to protect them from construction as determined appropriate by a qualified biologist and the Land Manager. A qualified biologist shall inspect all construction fencing prior to construction and shall monitor construction grading activities to prevent unauthorized impacts. BIO-4. Mitigation for temporary impacts to jurisdictional waters (including wetlands) shall be detailed in the revegetation/planting plan as described in BIO-1 and shall include at a minimum 1:1 in-place restoration after construction to reestablish jurisdictional areas to conditions and functions at least equal to the existing quality of the jurisdictional areas impacted. Any temporary work areas shall be decompacted and recontoured to original grade and preactivity condition. CULT-1. The City of Carlsbad shall retain a qualified archaeologist and Native American monitor to perform construction monitoring during all ground disturbing activities. In the event that cultural resources are discovered during construction activities, work shall be halted in that area and redirected until the resources are evaluated by a qualified archaeologist and appropriate data recovery actions are implemented if required. CULT-2. In the event of discovery of any human remains, there shall be no further excavation or disturbance of the site and the County Medical Examiner shall be contacted. If the Examiner determines that the remains may be those of a Native American, the Native American Heritage Commission shall be contacted and Native American consultation shall be undertaken to determine appropriate steps to be taken. Monitoring Type Project Project Project Project Project Monitoring Department Planning Department Planning Department Planning Department Planning Department Planning Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 3 of Mitigation Measure HYDRO-1 The City shall prepare and implement a SWPPP, consistent with the State Water Resources Control Board (SWRCB) General Permit for Discharges of Storm Water Associated with Construction Activity (99-08 DWQ) or most current permit at the time of construction commencement. The SWPPP shall contain a site map(s) that shows the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP must list BMPs the contractor will use to protect storm water runoff and the placement of those BMPs. Additionally, the SWPPP must contain a visual monitoring program, and a chemical monitoring program for "nonvisible" pollutants to be implemented if there is a failure of BMPs, BMPs shall include, but are not limited to: • Spoils, trash, or any debris remaining at the site after project completion shall be removed and disposed of at an approved disposal facility. • No equipment refueling areas shall be located at the construction-site outside of designated areas. Fueling of construction equipment shall take place on existing paved roads and not within or adjacent to any drainages, wetlands, or native habitats. • "Fueling zones" shall be designated on construction maps and qualified biologists shall flag the limits of the "fueling zones". These "fueling zones" shall be located at least 50 feet from all drainage features and wetlands. • All stockpiled soil should be stored in 55-gallon drums within the roadway (nonwetland areas). • Stockpiles shall not remain on-site for more than 1 week. HYDRO-2 The contractor shall monitor the construction site during all storm events to ensure that water damming does not reach volumes that could causes a risk to construction workers or recreational beach users from dam failure and subsequent flooding. Diversion mechanisms shall be of adequate capacity to pump water during storm events, and back-up diversion pumping shall be readily available in the event of equipment malfunction. TRAFFIC-1. To enhance the awareness of bicyclists to motorists, "Share the Road," signs would be posted on Palomar Airport Road and Avenida Encinas. Monitoring Type Project Project Project Monitoring Department Public Works Department, Engineering Division Public Works Department, Engineering Division Public Works Department, Engineering Division Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. Page 4 ot Mitigation Measure TRAFFIC-2. The loss of approximately 34 parking spaces at the roadside parking area north of Solomar Drive would be mitigated by installing temporary recreational parking signs at the dirt lot near the turn-around circle at the intersection of Carlsbad Boulevard and Palomar Airport Road to allow for temporary parking during construction. This lot currently operates as an undesignated parking area for recreational beach users and can accommodate the additional temporary parking during the nonpeak season. Monitoring Type Project Monitoring Department Public Works Department, Engineering Division Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other information. RD - Appendix P. CONTRACT PUBLIC WORKS This agreement is made this [5 day of CJ^yoii^i-^— 2010, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and BERT W. SALAS, INC. whose principal place of business is 10769 Woodside Avenue, #205, Santee CA 92071, (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 (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, Non-Collusion Affidavit, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General 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 General 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. The City shall withhold retention as required by Public Contract Code Section 9203. A*¥ Revised 5/1/08 Contract No. 3919 Page 37 of 237 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 5/1/08 Contract No. 3919 Page 38 of 237 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 City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial 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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. m¥ Revised 5/1/08 Contract No. 3919 Page 39 of 237 Pages 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 ten (10) days' prior written notice has been sent 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-:VII. 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 City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1 .5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. 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. Revised 5/1/08 Contract No. 3919 Page 40 of 237 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or 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. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. m¥ Revised 5/1/08 Contract No. 3919 Page 41 of 237 Pages Jan 13 10 04:01 a JAN-13-2Q10 WED 10:43 AM p. 1 (A) AssBrtion of Claims, Contractor hereby agrees that any contract claim submitted to ths City must be asserted as part of the contract process aa set forth in Ihia agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that it 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 Coda sections 12650 et seq., &e False Claims Act, provides lor civil penaWes whare 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 infoimsyon. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to th» False Claims Act, it »s entitled to recover its litigation costs, including attorney's fees, {£} Debarmant for Fnl»« Claima, Contractor hereby acknowledges that the fifing of a false claim may subject the Contractor to an administrative determent proceeding wherein the Contractor may be prevented from further bidding on public contracts for 8 period 0f up to five years, |F) Carlsbad Municipal Coda. The provisions of Carlsbad Municipal Code sections 3.32.025, 3,32.028,3.32.027 and 3,32.028 pertaining to false claims are incorporated herein by reference, (G) D»barm«nt from Other Jurisdiction!, 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 Diago County, California. I have read and understand all provisions of Section 11 above.wt 12. Maintenance of Records. Contractor shall maintain ami make available at no cost to Iho City, upon request, records in accordance with sections t??6 and 1812 of Part 7, Chapter 1» Article 2, of the Labor Code. Wthe Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records, 13. Labor Code Provision*. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Coda ares 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 IB mulwally agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract, Revised S/1/08 Conb*:i No.o< 23? PagM 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. 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. 17. 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:rporation of (name of Contractor) Bv: ATTE <print name and title)LO(R \6^ht. <%&*-! Cl?^'"'",, tsTgriThere) g&d&fj/ (print name and title) / President or vice-president and secretary or assistant secretary must sign for c'dfponattoVis. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney^ By: Deputy City Attorn cRevised 5/1/08 Contract No. 3919 Page 42 of 237 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of \}(LV\ On before me,L. £. (Here insert name and title of the officer) fY\a.*LrM A.'2personally appeared -^ — - ^^7- who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1K ^yf^yayytf'f^ —-...... HI ••••vt iriwk.iw • WITNESS my hand and official seal. ' " "'" IUm Signature of Notary Public ^(Notary Seal) DANA L. MICHAELIS Commission # 1800513 Notary Public - California 1 San Diego County My Comm. Expires Jun 27,20121 I I I • < V III ••••*( ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Phase check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/she/they, is /afe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. <• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •!• Indicate title or type of attached document, number of pages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Bond No.: 105362234 Premium: Included with Performance Bond Premium will be adjusted LABOR AND MATERIALS BOND *•*<»» ft* «>•*•« price WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2009-318, adopted December 22, 2009, has awarded to BERT W. SALAS, INC (hereinafter designated as the "Principal"), a Contract for: LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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, Bert W. Salas, Inc. as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Million Three Hundred Forty Thousand Four Hundred Sixty-Eight and no/100 Dollars ($1,340,468.00), 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 hereunder 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. omW Revised 5/1/08 Contract No. 3919 Page 43 of 237 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 _ Executed by SURETY this 1st CONTRACTOR: Bert W. Salas, Inc. r January ,20 _day 10 (name of Contractor) By: SURETY: Travelers Casualty and Surety Compay of (name of Surety) America One Tower Square Hartford, CT 06183 (address of Surety) 858-616-6240 (title and organization of ^signatory) By: '~ (sign here) By: (telephone number of Surety) (print name here) (sign$ure of Attorney-in-Fact) Anne Wright, Attorney-iri-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) "(title and" organizatio/ 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 5/1/08 Contract No. 3919 Page 44 of 237 Pages TRAVELERS] WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 221 144 Certificate No.003225056 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sioux Munyon, Cynthia Barnett, Anne Wright, and Dana Michaelis of the City of La Mesa , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, thisSeptemBer ^009day of , . 10th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. On this the 10th day of September 2009 By: before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011.-Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: £ RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1st day of January _,20lJL Kori M. Johansdu/Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,*^eee<je<ssee<?g!ijec^|e<>eO§C!SS&^ STATE OF CALIFORNIA County of San Diego On January 1, 2010 before me, Dana L. Michaelis, Notary Public Date personally appeared Anne Wright Here Insert Name and Title of the Officer Name(s) of Signer(s) DANA L. MICHAELIS Commission # 1800513 Notary Public • California San Diego County My Comm. Expires Jun 27,2012 Place Notary Seal Above I who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my I Signature\ kand 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(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General [2 Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here jGQG&2&&$eGmmG&^QGG®e®C^ © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ,y\n E /ffg (Here insert name and title of the officer) A.personally appeared who 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. I certify under PENALTY OF PERJURY is true and correct. WITNESS my hand and official seal Signature of Notary Public under the laws of the State of California that the foregoing paragraph »-»--- ... UANAL'MI'CHA'ELIS' ' '*• ^ Commission # 1800513 Notary Public - California San Diego County My Comm. Expires Jun 27,; (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer (Title) u Partner(s) n Attorney-in-Fact D Trustee(s) D Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. o Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. » The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). « Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /a») or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. * Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• Indicate title or type of attached document, number of pages and date. <• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Premium will be adjusted Bond No.: 105362234 based on final contract price Premium: $18,674.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2009-318, adopted December 22, 2009, has awarded to BERT W. SALAS, INC (hereinafter designated as the "Principal"), a Contract for: LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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, Bert W. Salas, Inc. , as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of America as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Million Three Hundred Forty Thousand Four Hundred Sixty-Eight and no/100 Dollars ($1,340,468.00), 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 therefore, 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 there under 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 5/1/08 Contract No. 3919 Page 45 of 237 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 L!_ day of "^evrv^tMiK , 20 \ § Executed by SURETY this January 1st day of 20 10 CONTRACTOR: Bert W. Salas, Inc. (name of Contractor) (print name here) ^~) \ "\— ^?£-*"-3i *"">> ii-j- **— SURETY: Travelers Casualty and Surety Company of (name of Surety) America One Tower Square Hartford, CT 06183 (address of Surety) 858-616-6240 (telephone number of Surety) By: (Title and Organization of Signatory) By: -A (sign here) / (sfgnature\of Attorney-in-Fact) Anne Wright, Attorney-in-Fact (printed name of Attorney-in-Faci) (Attach corporate resolution showing current power of attorney.) (print name here)_ (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 5/1/08 Contract No. 3919 Page 46 of 237 Pages TRAVELERS] WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Attorney-In Fact No. 221144 Certificate No. 003225055 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sioux Munyon, Cynthia Barnett, Anne Wright, and Dana Michaelis of the City of La Mesa , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the CompanSeptember 20day or ' , i have caused this instrument to be signed and their corporate seals to be hereto affixed, this ' 10th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. On this the 10th day of September 2009 By: , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. iVly Commission expires the 30th day of June, 2011.>t£\j uo C. Marie C. Tetreault, Notary Public 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Viet President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. \Q$ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1st day of January r$^ v^-':: Kori M. Johansda/Assistant Secretary _, 20 jW To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ixse^eesseseeese^^^sesss*^^ STATE OF CALIFORNIA County of San Diego On January 1, 20 DO before me, Dana L. Michaelis. Notary Public Date personally appeared Anne Wright Here Insert Name and Title of the Officer Name(s) of Signer(s) DANA L. MICHAELIS Commission # 1800513 I Notary Public - California I San Diego County j My Comm. Expires Jun 27, 20121 Place Notary Seal Above who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hapd^and official seal. Signature Signature of Notary Public OPTIONAL Though the information below /s nor required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of fn/s 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(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General 5? Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINTOF SIGNER Top of thumb here Signer Is Representing: 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: RIGHTTHUMBPRINTOF SIGNER Top of thumb here «-<s<j^&}GK^ze£&QeG<2&vQ<z&^ & 2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On Ohy jl U\Q before me, ' personally appeared fe)J9 L> . f L Dlf4|/J/' J <<> (Here insert name and title of the officer) X/l^ll. A~ * who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. J xsOOsv DANA L MICHAELIS WITNESS my hand and official seal Signature of Notary Publ Commission # 1800513 Notary Public • California San Diego County My Comm. Expires Jun 27. 2012 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. « State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. » Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). « Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thoy, is /aje) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •t* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * Indicate title or type of attached document, number of pages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). « Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com 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 LAS ENCINAS CREEK BRIDGE REPLACEMENT PROJECT CONTRACT NO. 3919 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 retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 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. •^ Revised 5/1/08 Contract No. 3919 Page 47 of 237 Pages 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. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address 1635 Faraday Avenue, Carlsbad. CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Am¥ Revised 5/1/08 Contract No. 3919 Page 48 of 237 Pages 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 Revised 5/1/08 Contract No. 3919 Page 49 of 237 Pages