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DG Yeager Construction Company; 2006-01-11; PWS06-02STS
DGC# 2006-0359877 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAY 22, 2006 2:36 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 000 PAGES: 1 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 March 31, 2006. The name of the contractor for such work or improvement is D.G. Yeager Construction Company. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: 2006 Curb, Gutter & Sidewalk Replacement Program, Agreement Number PWS"06-02STS, Drawing Number (none) . The street address of said property is citywide. CITY OF CARL Greg Clavier Deputy Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on May 16 , 2006 , 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 May 17 , 20 06 . at Carlsbad, California. CffYOF CARLSB/ LORRAINE M. WOOD City Clerk Word\Masters\Forms\Notice of Completion (City)3 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR CURB, GUTTER & SIDEWALK REPLACEMENT CONTRACT NO. PWS06-02STS Revised 10/08/03 Contract No. PWS06-30STS Page 1 of 72 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 3 Contractor's Proposal 7 Bid Security Form 11 Bidder's Bond To Accompany Proposal 12 Guide For Completing The "Designation Of Subcontractors" Form 14 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 16 Bidder's Statement Of Financial Responsibility 17 Bidder's Statement Of Technical Ability And Experience 18 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 19 Bidder's Statement Of Re Debarment 20 Bidder's Disclosure Of Discipline Record 21 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 23 Contract Public Works 24 Labor And Materials Bond 30 Faithful Performance/Warranty Bond , 32 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 34 Revised 10/08/03 Contract No. PWS06-30STS Page 2 of 72 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:00 PM on August 24, 2005, 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: CONTRACT NO. PWS06-02STS CURB. GUTTER & SIDEWALK REPLACEMENT This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department, Street Maintenance Division. The specifications for the work include the Standard Specifications for Public Works Construction, (1997 Edition, and the 1998 and 1999 supplements thereto), all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Street Maintenance Supervisor. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: Revised 10/08/03 Contract No. PWS06-02STS Page 3 of 72 Pages 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10. Bidder1 s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $62.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A and C-8 in accordance with the provisions of State law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, 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 $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Street Maintenance Supervisor a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Street Maintenance Supervisor a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all 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 Revised 10/08/03 Contract No. PWS06-02STS Page 4 of 72 Pages 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. No pre-bid meeting will be held. Potential bidders should tour project sites prior to submitting 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. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate Revised 10/08/03 Contract No. PWS06-02STS Page 5 of 72 Pages must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. July 15. 2005 Date N<AREK]$WNDT£, Assistant City Clerk Publish Date: July 20. 2005 Revised 10/08/03 Contract No. PWS06-02STS Page 6 of 72 Pages CITY OF CARLSBAD CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT AMMENDED CONTRACTOR'S PROPOSAL OPENED, WITNESSED AND RECORDED: City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DATE SIGNATURE The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PWS06-30STS in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. Description Remove and replace Type G curb and gutter per SDRSD G-2 Remove and replace sidewalk per SDRSD G-7 Remove and replace driveway approaches per SDRSD G-14 Asphalt and concrete saw cutting 1 2 3 4 5 Traffic control 6 Handicap Ramp 7 Crossgutter 8 Root Grubbing 9 R&R Stamped Concrete Total amount ofbid in words: Approximate Quantity and Unit 410 linear ft. $ '; 5,451 sq. ft. $ Unit Price Total $ $ 1,310 sq.ft. $ \Q 591 linear ft. $_U lump sum $ 245sq.ft $ 300sq.fl $ lump sum $ 485sq.ft. $ ?TI $$$ $ Total amount of bid in numbers: $ \ V5. rnrl "" D'c YEAGER CONST co. Revised 10/08/03 Contract No. PWS06-30STS Page 7A of 72 Pages Price(s) given above are firm for 90 days after date of bid opening. Bids will be evaluated based on quantities and unit prices therefor. Quantities as specified herein are estimates for bidding purposes only. Addendum(a) No(s)._ proposal. has/have been received and is/are included in this The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license pumber 1 1 2&?3> V _ , classification A^ _ which expires on and that this statement is true and correct and has the legal effect of 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 § 7028.1 5(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _ fojf^XO _ (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. D.G. YEAGER CONST. CO. Revised 10/08/03 Contract No. PWS06-30STS Page 8 of 72 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State_ (4) Zip Code. (5) E-Mail Telephone No. r\ \ IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted rr>Ni<5T CQ PO BOX 74073 SAN CLEMENTE, CA 92673 \\ ^^--(Street and Number) (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. D.G. YEAGER CONST. CO, Revised 1 0/08/03 Contract No. PWS06-30STS Page 9 of 72 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Orange On 8-23-2005 before me,JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, D. G. Yeager, Owner personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 1JENNIFER K. SMITH COMM. # 1479028 NOTARY PUBLIC-CALIFORNIA gj ORANGE COUNTY NJ Mv Comm. Expires MAS 26,200^ ^ (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT IF A CORPORATION. SIGN HERE (1) Name under which business is conducted (2) (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State • (5) Zip Code Telephone No. (6) E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Revised 10/08/03 Contract No. PWS06-30STS Page 10 of 72 Pages BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT (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 beaccepted 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 poceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No. PWS06-30STS Page 11 of 72 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT KNOW ALL PERSONS BY THESE PRESENTS: •«. i no VFArporr>M«TDiirTinwrr>viPAMV « , • , ^ LINCOLN GENERAL INSURANCE COMPANYThat we, P-G.YEAGER CONSTRUCTION COMPANY as Principal, and , as Surety are held and firmly bound unto the City of Cadsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF BID AMOUNT $10% OF ^ whjch payment, welt 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: CONTRACT NO.PWS06-30STS CURB. GUTTER & SIDEWALK REPLACEMENT in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. D.G. YEAGER CONST CO. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this PRINC, day of YEAGER CONSTRUCTION COMPANY (sign here) D.G. YEAGER ,20' Executed by SURETY this . of AUGUST 16TH _, 20 05; .day (print name here) OWNER (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) SURETY: LINCOLN GENERAL INSURANCE COMPANY (name of Surety) 701 B. STREET, SUITE 2100, SAN DIEGO, CA. 92 (address of Surety}// 949 461 7000 / / (telephone<By: ber of (signature^ Attorney-in-Fact) YUNG T. M0U.ICK, ATTORNEY-IN-FACT (printed 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 D.G. YEAGER CONST, CO. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Orange On 8-23-2005 before me, personally appeared, D. G. Yeager, Owner JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JENNIFER K. SMITH COMM. # 1479028 I NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY *JO \J ?tV2 ARY PUBLIClSIGNATURE (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT D.G. YEAGER CONST, CO. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.JENNIFER K. SMITH COMM. # 1479028 Eg NOTARY PUBLIC-CALIFORNIA ?~ ORANGE COUNTY fo My Comm. Explras MAR 26,2008 t OT/ RY PUBLIC SIGNATURE (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT D.G. YEAGER CONST, CO LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint: Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4th day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing die person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporal be signed by its duly authorized officers this 4th day o^teptamfeer. 2002 ed^anj. these presents to Attest: = _ '• -J977 :0| _ :.a? 5The Commonwealth of Pennsylvania York County ^ On this 4th day of September, 2002, before rne^er/onall^cameT&ify' C. Bhojwani, to me known, who being duly sworn, did depose and say: that he is the President of the CorpoVMfAjftKKtt&ed in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. The Commonwealth of Pennsylvania York County Notarial Seal Catherine Marie Loose, Notary Sprfngettsbury Twp., York Co, My Commission Expires June 17 I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF^l^ve hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this • ?ITlli^ .titiiiifti. Iz: 1977 igl **/ ^secretary D.G, YEAGER CONST co License Detail Page 1 of2 California Home Monday, Decem /"""* ^Welcome to I tfl iS'Jf'l %*,*/+&> License Detail Contractor License # 713631 CALIFORNIA CONTRACTORS STATE LICEN DISCLAIMER A license status check provides information taken from the CSLB license data base. Before 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 tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. • Per B&PJZQZl/LZ, 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 ont Board's license data base. * * * Extract Date: 12/19/2005 Business Information * * * D G YEAGER CONSTRUCTION COMPANY P O BOX 4923 LACUNA BEACH, CA 92652 Business Phone Number: (949) 369-9065 Entity: Sole Ownership Issue Date: 10/16/1995 Expire Date: 10/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * *Classifications Class ( Description A IGENERAL ENGINEERINGt' * * *Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 661110998 in the ai $10,000 with the bonding company http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 12/19/2005 License Detail Page 2 of2 LINCOLN GENERAL INSURANCE COMPANY. Effective Date: 08/04/2004 Contractor's Bonding History Workers Compensation Information * * ** * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046-0009988 Effective Date: 01/01/2002 Expire Date: 01/01/2007 Workers Compensation History Personnel List B License Number Request BContractor Name Request •Personnel Name Request • Salesperson Request • Salesperson Name Request © 2005 State of California. Conditions of Use Privacy Policy http ://www2 .cslb.ca. gov/CSLB_LIBRARY/License+Detail. asp 12/19/2005 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Street Maintenance Supervisor on the "Contractors Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Revised 10/08/03 Contract No. PWS06-30STS Page 14 of 72 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 10/08/03 Contract No. PWS06-30STS Page 15 of 72 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT 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 Amount of Work by Subcontractor in Dollars* Subcontractor's License No.* Page of pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids' Revised 10/08/03 Contract No. PWS06-30STS Page 16 of 72 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. t D.C, YEAGER CONST CO Revised 10/08/03 Contract No. PWS06-30STS Page 17 of 72 Pages 0)o>£ I r^ co oto CM oo co o co CD in S Sin3 S t CD O 00 O)CM ^ in o cooi r^ co CD CMO CO 1^ CM COCM h- co in in m" i--" o" o" T-"co o CD h- r»»- CO CM T- ' inCDfeCO 1 o>00 <D ^coCM S s 3 S001 f— O O CO CO IO in co co o m r^co co oo CD (^ m T-~ co" r»~ CM" o"CO CM CM COCM oCOin CMoo>" r-CO S CO 5>CM" "*I—II- O ^J ^* 3 O S£_£"-(n ^^ eo O 0) 2i. O g, Q> C =O) <0 <Sw'S>CQ^ O Q •oe0 iI<D •*- ll* §58 5 §§ < 1 I**??2 S 8? a 3 <gco ^SPS- |^?^ I S™gIII iIQ.I <o •" S3 M UJ H oa Sl 8OD 3_ s« 5-L. oils « IX O S. O J | O O O »-»- o UJ rf ~~L_ OQ 'o < 3=| o LU Q HHIU_ o O T- CO T- O CM 0)O) § 00 O) i •* T- *- ^- I CMi CM CM CM O i h- ^ o r^ *- ^i T- r*- o o en T-' ^- IO OO CM h-_ O in" o>" co" r-" oo" co"1 CO T- CM CO CM p o>CM CM"s oo •* ••- co S OO CM T-t^ o mr~ o_ CM_ ^_ up CM ^ co o (0 h- -g8 Oa. t O <1> O C 0) (0 o Q „ CM I il o j£i « cE! UJ ,££ 0) C 55 wo> III OT i « COI CM CM ? II i : o i *3 § 00 (0UJ LLJ Q -1 *3 *• «*••= £& CM CMJS 3 CO CO CO O O1 I- UJ g - i _« •= LL Ou (0 co o 0 .2 O •o CM k CD<D CM BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT 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 \^(V 0 r4V ^ Name and Phone No. of Person to Contract h - i>M*-'-oD Type of Work Amount of Contract D.C. YEAGER CONST CO Revised 10/08/03 Contract No. PWS06-30STS Page 18 of 72 Pages t-- i--P P gg, t&*rd) h- i- r 8<eO> O is. «? $&*-.Cf &8 co««oco,-coo>S<• ? s«? i . NI CN IsS - 8888X II X <0Q. I ;«) coQ. Q.I III .1 O•e O-> O OO '« o wQO £28 2j2§!< g g = E 5 .='lag: p » Si*3. "S "S "5 "5 OT««-g-s MS?'Q o fnUJ II-sS-s tlJ? T- ^ Si.& 21 II 18 o § &« ?i3 = II"x|S §ooo. Hi" fco t HsT- ? w o ui| if = ^"j|jgo 0) eg <-K II 1"zi 81 mZ ti CO £if »siijii !l <D <D•S o i 0- OT D.O. YEAGER CONST CO BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT 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: p Comprehensive General Liability n\Automobile Liability D IWorkers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. o D.C. YEAGER CONST CO. Revised 10/08/03 Contract No. PWS06-30STS Page 19 of 72 Pages CERTIFICATE OF INSURANCE ISSUE DATE 12/22/2005 PRODUCER Cert* 33252 GEORGE L. BROWN INSURANCE AGENCY P.O. BOX 5060 SAN CLEMENTE, CA 92674-5060 (949) 361-1400 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. FAX (949) 361-2767 INSURED D.G. YEAGER CONSTUCTION CO. P O BOX 74073 SAN CLEMENTE, CA 92673 COMPANIES AFFORD COMPANY A LANDMARK AMERICAN INS CO COMPANY B GOLDEN EAGLE INS CORP COMPANY C COMPANY D COVERAGES NOTWITHSTANDING ANY REQUIREMENT, 1 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR A J TYPE OF INSURANCE GEt ~X~ JERAL LIABILITY COMMERCIAL GENERAL LIABILITY bLAIMSMADE 1 X 1 OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY 1 ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELU WORKER'S COMPENS EMPLOYERS' LIABILIT THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER \FORM ATION AND If INCL EXCL POLICY NUMBER LHA1 27591 BA9792564 POLICY EFFECTIVE DATE (MM/DD/YY) FEB 2 05 JAN 1305 POLICY EXPIRATION DATE (MM/DD/YY) FEB 2 06 JAN 13 06 LIMITS GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGEfAny One Fire) MED. EXPENSE(Any One Person) COMBINED SINGLE LIMIT BODILY INJURY (Per Person) BODILY INJURY (Per Accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EACH EMPLOYEE * 2,000,000 S 2,000,000 S 1,000,000 S 1,000,000 $ 50,000 $ 5,000 * 1,000,000 $I. $ $ $ $ $ S $ $ $ $ DESCRIPTION OF OPERATIONS/LOCATIONSft/EHICLES/SPECIAL ITEMS THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED PER FORM RSG15001 (9/03) WITH RESPECT TO PROJECT: CURB, GUTTER, & SIDEWALK REPLACEMENT, BID NO. PWS06-02STS, PROJECT NO. PWS06-02STS. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD 'UBLIC WORKS .635 FARADAY AVENUE CARLSBAD, CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 10-DAY NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM TO? LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy, Please Read It Carefully. ADDITIONAL INSURED BLANKET-PRIMARY This endorsement modifies insurance provided unto the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Nam* of Person or Organization: Any person or organization (o wfiom or to wntoft yoy are obfgaied by virtue of a wrrtten contract or oy tfie issuance or existence of a permit, to provide Insurance such as Is afforded by this policy. (If no entry appears above, Information required to complete lhl% endorsement will be shown in the Declarations as applicable to this endorsement) SECTION H • WHO IS AH INSURED « amended to Include as »n insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you, if you are required by a written cent/act to provide primary Insurance, this poffcy shall oe primary as respects your negligence and SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. 4, Othor Insurance does net apply, but orify with respect to coverage provided by this policy. TWs endorsement effect!v« 12/22/2005 forms part of Poflcy Number LHA127591 Issued to D G Yeager Construction Co.by Land/narK American Insurance Company Endorsement No.: RSG15001 0903 tncluties copyrighted material of Insurance Services Office, Inc. 1S84 fee 20101T65 with its permission SG POLICYHOLDER COPY P.O. BOX 420807, SAN FRANCISCO.CA 94142-0807 COMPENSATION NSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-22-2005 GROUP: 000046 POLICY NUMBER: 0009988-2006 CERTIFICATE ID: 37 CERTIFICATE EXPIRES: 01-01-2007 01-01-2006/01-01-2007 THE CITY OF CARLSBAD SG JOB:ALL CALIFORNIA OPERATIONS 1635 FARADAY AVE CARLSBAD CA 92008-7314 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1700 - DALE YEASGER PARTNER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER YEAGER, DALE AND/OR RUIZ JESSE (A PARTNERSHIP) AND/OR D. G. YEAGER CONST CO (SOLE PROPIETOR) 237 CALLE PINTORESCO SAN CLEMENTE CA 92672 [B17.SG] <BEV.2.0B> PRINTED : 12-2 JfiN-04-2006 10=19 760 431 5769 P.02/02 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT been yes no 2)°f,the a9ency(ies) and what wasAvere the period(s) of cop.es of this page to accommodate more than two debaments, party debarred agency period of debarment party debarred agency period of debarment BY CONTRACTOR: D.G. YEAGER CONST CO. me of Contractor) y (print name/title) Page..of pages of this Re Debarment form D.G. YEAGER CONST. CO. BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT s Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form D.C. YEAGER CONST CO. Revised 10/08/03 Contract No. PWS06-30STS Page 21 of 72 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT 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: IG. YEAGER CONST rrr> (print name/tit Page _ of _ pages of this Disclosure of Discipline form D.C. YEAGER CONST CO, Revised 1 0/08/03 Contract No. PWS06-30STS Page 22 of 72 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. PWS06-30STS CURB, GUTTER & SIDEWALK REPLACEMENT State of California County Of "range ) ) ss.) D.C. TRACER (Name of Bidder) and says that he or she is OWNER _, being first duly sworn, deposes (Title) of D.G. YEAGER CONSTRUCTION (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 exeOTted,ork ttie 23RD day of AUGUST t 20 05. Signature~5f Bidder i Subscribed and swoYrf to before me on the 23RD t day of AUGUST , 20 05 (NOTARY SEAL) JENNIFER K. SMITH COMM. # 1479028 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm. Expires MAR 26, 2008 D.C. YEAGER CONST CO. Revised 10/08/03 Contract No. PWS06-30STS Page 23 of 72 Pages City of Carlsbad Public Works — Engineering July 29, 2005 ADDENDUM NO. 1 RE: CURB, GUTTER & SIDEWALK REPLACEMENT, CONTRACT NO. PWS06- 02STS Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. CEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BiddeTs^Slgnaturi D.G. YEAGER CONST, CO. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-272O • FAX (76O) 602-8562 July 27, 2005 TO: Kevin Davis, Buyer FROM: Rob Houston, Management Analyst, PWS06-30STS CURB GUTTER AND SIDEWALK REPLACEMENT REQUEST FOR ADDENDUM #01 Please prepare Addendum #01 to the contract covering the following issues: 1. Replace Contractor's Proposal, Page 7 of 72 with the attached replacement Contractor's Proposal Page 7A of 72. The Contractor shall submit his bid on this replacement sheet. Failure to submit on the replacement sheet will result in the Contractor's Bid being declared as Non-Responsive. 2. Add the following: Contractor shall saw-cut, remove and replace stamped median concrete in the following locations: • Palomar Airport Road center median east of Palomar Oaks Way. Remove and replace red stamped concrete. (Rock Shaped) Approximately 50 sq. ft. • Palomar Airport Road center median, west of Paseo Del Norte. Remove asphalt and replaced with red stamped concrete. (Rock Shaped) Saw-cut edges if needed. Approximately 300 sq. ft. • Palomar Airport Road center median, on bridge above I-5. Remove and replace red stamped concrete. (Rock Shaped) The Contractor is advised that an electrical pull box is located in this area. The Contractor shall protect this pull box in place and reset the box if necessary. Approximately 30 sq. ft. • El Camino Real center median, between Carlsbad Village Drive and Chestnut, remove and replace red stamped concrete (Square Pattern). Approximately 45 sq. ft. Addendum #1 PWS 06-30STS LA Costa Ave center median, Approx. 2300 feet West of El Camino Real, remove and replace red stamped concrete (Brick pattern) Approximately 10 sq. ft LA Costa Ave center median, Approx. 1100 feet East Saxony, Only replace (already removed) red stamped concrete (Brick pattern) Approximately 50 sq. ft 1. The Contractor shall neatly saw-cut damaged areas to the limits marked by the City Inspector. The Contractor shall remove all damaged concrete, reinforcement, and expansion material to these limits. 2. The Contractor shall compact the existing subgrade to a minimum of 90% relative compaction and shall not proceed with installation of reinforcement or placing of concrete until the subgrade has been inspected and approved by the City Inspector. 3. The Contractor shall provide stamps that match the existing pattern and shall receive approval of their use from the City Inspector prior to removal of the damaged improvements. 4. The Contractor shall submit traffic control plans to the City Inspector a minimum of 14 calendar days prior to scheduling the work. Work in these areas cannot commence prior to the Contractor receiving an approved traffic control submittal. 5. The Contractor shall replace any existing expansion material and joint sealant to the limits of stamped concrete removal. (Match Existing). 6. Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. 7. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. Addendum #1 PWS 06-30STS 8. Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: (match existing paving adjacent) 9. Curing: Scofield Colorcure Concrete Sealer (or approved equal). Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal. L.M. Scofield Company, 6533 Bandini Boulevard, Los Angeles, CA 90040, 1-800-800-9900. Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 10. Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (0 g/l) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Note: Coverages vary depending on porosity and condition of surface and method of application. Method of Application: Airless sprayer. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal. L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Addendum #1 PWS 06-30STS All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 11. The Contractor shall remove and replace all existing expansion material at the limits marked for removal. Replacement material shall be a Vz continuous expansion joint at locations indicated. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or- more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPM"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Addendum #1 PWS 06-30STS Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 12. Concrete shall be 560-C-3250 with 6"x6" - 10 guage wire mesh throughout. 13. Use color application method "B" (integral color). The pattern shall match the existing median condition adjacent to the repair area. 14. Payment for colored, stamped concrete paving shall be paid under the contract unit price bid per square foot for median concrete paving. Said payment shall include compensation for all excavation, grading, backfill, permeable material, forming, mesh, reinforcing steel, concrete, integral color, texture sealers, and other material necessary to construct the specific paving. ROB HOUSTON Management Analyst c: Public Works Manager Public Works Supervisor, Streets File Addendum #1 PWS 06-30STS CONTRACT PUBLIC WORKS This agreement is made this 1[ day of vJfl,yHAfl,ry U)0b by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City), and D.G.YEAGER CONSTRUCTION COMPANY whose principal place of business is 237 CALLE PINTQRESCO SAN CLEMENTE CA 92672 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CONTRACT NO. PWS06-02STS CURB. GUTTER & SIDEWALK REPLACEMENT (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1998 Edition, and the 1998 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Public Works Supervisor will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any A•^ Revised 10/08/03 Contract No. PWS06-02STS Page 24 of 72 Pages information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 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. 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, Revised 10/08/03 Contract No. PWS06-30STS Page 25 of 72 Pages arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite oroffsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. Revised 10/08/03 Contract No. PWS06-30STS Page 26 of 72 Pages c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish, separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Revised 10/08/03 Contract No. PWS06-30STS Page 27 of 72 Pages (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor maybe 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 attorneys fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of Jbts-iagi^|pment is San Diego County, California. I have read and understand all provisions of Section 11 abovK. K^P ^\jriit init 12. Maintenance of Records. Contractor shall maintain and make avai^bfeat no cost to the City, upon request, records in accordance with sections 1776 and 1812 oHDart 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. Revised 10/08/03 Contract No. PWS06-02STS Page 28 of 72 Pages 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:fporation of (name of Contractor) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney Revised 10/08/03 Contract No. PWS06-02STS Page 29 of 72 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On 12-29-2005 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, D.G. YEAGER personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT BOND.NO.: 661115949 BOND PRQTTJM IS INCLUDED IN PKRFGju-iAliCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-361 , adopted PEnrui»n? i^, 9nns , has awarded to D.G. YEAGER CONSTRUCTION COMPANY (hereinafter designated as the "Principal"), a Contract for: CONTRACT NO. PWS06-30STS CURB. GUTTER & SIDEWALK REPLACEMENT 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, D.G. YEAGER CONSTRUCTION COMPANY as Principal, (hereinafter designated as the "Contractor"), and LINCOL" cKstBHAf. TMSTTKANHF. CQfiPANY as Surety, are held firmly bound unto the City of Carlsbadin the sum of ora HuaDkfcD FIFTEEN THOUSAND, SEVEN HnujjrffcD AND FORTY SPV«fll yiOO— Dollars ($ J15.T47.00 ). 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 madewe bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. PWS06-30STS Page 30 of 72 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 DECEMBER 29TH _,20.05 Executed by SURETY this _ Of DECEMBER 29TH .day ,2005 CONTRACTOR: D G YEAGER CONSTRUCTION COMPAN$URETY: LINCOLN GENERAL INSURANCE COMPANY OWNER (title and organization of signatory) By: (sign here) (print name here) (name of Surety) C/0 THE BOND EXCHANGE 24PQO CHRISANTA DR. SUITE 160, MISSION VIEJO, CA. 92691 (address of Surety) (949) 461-7000 (signature of(Xhorney-:th-Fact) YUNG T. MDLLICK, ATTORNEY- iA- (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. PWS06-30STS Page 31 of 72 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 12-29-2005 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, D.G. YEAGER personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.JENNIFER K. SMITH COMM. * 1479028 \ NOTARTPUBUC4AUFORNIA J ORANGE COUNTY { My Comm. Expire. MAR 26,2008 OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 12-29-2005 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal JENNIFER K_ COMM. * 1479028 MOTARVPUBU&CALIFORMIA ORANGE COUNTY Expire MAR 26,2008 (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT BOND NO.: 661115949 BOND PREMIUM IS $2,851.00 BOND PREMJJOM IS BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2005-361 adopted DECEMBER 13, 2005 has awarded to n.c. YKAftKH CONSTRUCTION COMPANY , (hereinafter designated as the "Principal"), a Contract for: CONTRACT NO. PWS06-30STS CURB. GUTTER & SIDEWALK REPLACEMENT in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; . NOW, THEREFORE, WE, p.G. YEAGEK CONSTRUCTION COMPANY , as Principal, (hereinafter designated as the "Contractor"), and T.INCOLN GENERAL INSURANCE COKT.*TSY , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of ONE HUNDRED FIFTEEN THOUSAND, SEVEN HUNDRED FORTY SEVEN & n/ioo Dollars ($ 115,->47.00 ). said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. PWS06-30STS Page 32 of 72 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 29TH Executed by SURETY this 29TH day of day of DECEMBER CONTRACTOR: .,20.05 DECEMBER .,20.05 01 IRPTY-D.G. YEAGER CONSTRUCTION OURCIT- LINCOLN GENERAL INSURANCE COMPANY .COMPANY OWNt-.ti (name of Surety) C/0 THE BOND EXCHANGE 24800 CHRISANTA DR. SUITE 160, MISSION VIEJO, CA. 92691 (address of Surety) 461-7000 (Title and Organization of Signatory) (telephone numb rety) (signature of Attorney-in-Fact) By: (sign here) (print name here) YUNG T. MULLICK, ATTORNST-IH-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No. PWS06-30STS Page 33 of 72 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 12-29-2005 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, D.G. YEAGER personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JENNIFER K. SMITH COMM. * 1479028 £ I NOTARY PUBLIC-CALIFORNIA gi ORANGE COUNTY KJ My Comm. Expires MARM,2Mt_j (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On 12-29-2005 before me, JENNIFER K. SMITH NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SJCSI^ COMM. f* 47JJ11 ORANGE COUNTY ,MyCommfoptrMtiARKMM1 (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint: Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney its true and lawful attorney(s)-ra-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars ($3,000,000) and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4th day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing die person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its be signed by its duly authorized officers this 4th day c^#ipttMnl)% 2002. these presents to ^5%Attest: The Commonwealth of Pennsylvania 5^; xi /J_ York County %<7v. ^VSYLNr^-'" » ^ On this 4th day of September, 2002, before m?wsonalIj;t'carn^S^' C. Bhojwani, to me known, who being duly sworn, did depose and say: that he is the President of the CorpoVtti^^vcrt^d in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. The Commonwealth of Pennsylvania York County Notarial Seal Catherine Mane Loose, Notary Springsttsbury Twp., York Co, My Commission Expires June 17 I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. > WHEREOF_lhay«he|e|Mtoj^ny hand aftiaffieed the seal of said Company, at York, Pennsylvania, thisDECEMBER "2005 _ ^ s! fAX 33SO White/oat M.P.O, Box 3709, York, fa 17402*0136 Bond No. 661115949 TERRORISM RIDER NOTICE - FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. su 0009 12 02 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 Califorria, 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: CONTRACT NO. PWS06-30STS CURB. GUTTER & SIDEWALK REPLACEMENT 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 10/08/03 Contract No. PWS06-30STS Page 34 of 72 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 bythe 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 _ 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. Revised 10/08/03 Contract No. PWS06-02STS Page 35 of 72 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature Address MAYOR For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 10/08/03 Contract No. PWS06-02STS Page 36 of 72 Pages SUPPLEMENTAL PROVISIONS FOR CURB, GUTTER & SIDEWALK REPLACEMENT CONTRACT NO. PWS06-30STS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTDN PART 1, GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Street Maintenance Supervisor is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Street Maintenance Supervisor;" unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, itshall be understood such words are followed by the expression "in the opinion of the Street Maintenance Supervisor", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Sreet Maintenance Supervisor is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager- the City Manager of the City of Carlsbad or his/her approved represenative. Revised 10/08/03 Cnntrar.t Nn PWSnfi-SflSTS Pan* 37 nf T) Panss Public Works Director - The Street Maintenance Supervisor's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility Public Works Director - the Public Works Director of the City of Carlsbad or his/her approved representative. The Public Works Director is the second level of appeal for informal dispute resolution. Street Maintenance Supervisor - the Street Maintenance Supervisor or designated representative for inspection, contract administration and first level for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment andApartments Bldg Building band Buildings CMWD Carlsbad Municipal Water District CSSD ..Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric G .Gas gal .Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LCWD Leucadia County Water District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S .Sewer or Slope, as applicable -in/no/n-j r^tr^t M/, oiA/cne ine-ro DO/IO ta nt 70 SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawing SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Street Maintenance Supervisor. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the 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 Agency may require a financial statement of the assets and liabilities of the Rox/icoH 1 n/Oft/n^ C.nntrart Mn PWSnfi-^nRTR Pane 3» nf T) insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United Sates. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist four drawings. The first drawing is designated as City of Carlsbad Drawing No. G-2 and consists of 1 sheet. The second drawing is designated as City of Carlsbad Drawing No. G-7 and consists of 1 sheet. The third drawing is as City of Carlsbad Drawing No. G-12 and consists of 1 sheet. The fourth drawing is designated as City of Carlsbad Drawing No G-14 and consists of one sheet. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Street Maintenance Supervisor). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract document. When submitted for the Street Maintenance Supervisor's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submitals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: : ' Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the «* -70 r>~_~~ original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Street Maintenance Supervisor within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Street Maintenance Supervisor may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Street Maintenance Supervisor, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Street Maintenance Supervisor shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Street Maintenance Supervisor may deem necessary, upon reasonable advance notice, Contractor shall make available to the Street Maintenance Supervisor for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Street Maintenance Supervisor to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: RowieoH in/nft/n3 rtnntrar-t Mn PWSP.fi-SDSTR Panp 41 of 7? Panes (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following:The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Public Works Supervisor, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Street Maintenance Supervisor due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Street Maintenance Supervisor upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: _ Title:; _ Date: _ Company Name: _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor ono-ro o~~~ ^o «* -70 n~~~,~ shall submit substantiation of its actual costs to the Street Maintenance Supervisor within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Street Maintenance Supervisor at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly aken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Street Maintenance Supervisor 2. Public Works Director 3. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed underthe provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications o rnntrart Mr. PVWRnfi-SnSTS Pania A3 nf 79 for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1 991 . 20104.2. For any claim subject to this article, the following requirement apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to rVmtro/-* Mr. DWCnfi-^nQTQ Daria A A nf TJ Do Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules peraining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3.1 General, add the following: The Contractor shall provide the Street Maintenance Supervisor free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Street Maintenance Supervisor with such information as may be necessary to keep the Street Maintenance Supervisor fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. - add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor At the option of the Street Maintenance Supervisor, the source of supply of each of the materials shall be approved by the Street Maintenance Supervisor before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractors expense. r.ontrart Nln PWSflfi-SnSTS Panp dfi nf 79 Compaction tests may be made by the Street Maintenance Supervisor and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Street Maintenance Supervisor. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Street Maintenance Supervisor, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to theAgency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Street Maintenance Supervisor a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Street Maintenance Supervisor shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Street Maintenance Supervisor's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Street Maintenance Supervisor the Contractor shall place -in/np/rva /-^.,*.—,~» M~ cnAfene ono-ro' o~>~» AO ~f 71 o-v~~.- survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Street Maintenance Supervisor SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five 5 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Street Maintenance Supervisor will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Construction Schedule to the Public Works Supervisor at the Pre-Construction Meeting and upon issuance of the Notice to Proceed. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications, including the following: MATERIAL REMOVAL AND DISPOSAL A. All pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. B. All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. All sawcutting for monolithic concrete to be included in the bid price. No additional payments will be made therefore. The extent of the pavement removals will be marked in the field by the Project Inspector. C. All removals shall become the responsibility of the Contractor and shall be disposed of at a legal recycling site. D. Removal, cutting and clearing of all tree stumps and roots shall be the responsibility of the Contractor. RowicoH in/nfl/fV* • C~.nntrtsr* Mr. D\AJR nfi-7nRTR Pan** 47 nf 79 Panoc E. Payment for the concrete removals including asphalt removals necessary to form new gutters and all material disposal shall be considered included in the unit price bid for this item. No additional compensation will be made therefore. F. The basis measurement shall be made on the horizontal sidewalk, curb and gutter areas. The removal of asphalt concrete in the roadway necessary to form gutters will not be considered in the payment of the pavement removal item. G. Appropriate measures will be taken by the Contractor to ensure that work zones are as safe as possible to both vehicular and pedestrian traffic. Work will be scheduled so that the time that the work area remains open is as minimal as possible. All work areas will be poured back prior to the weekend. CONSTRUCTION 1.) Curb. Gutter and Sidewalk A. The construction of concrete sidewalk and curb and gutter shall conform to the requirements of Section 303-5 and 201-1 of the SSPWC and these special provisions. Six sack mix shall be used for all concrete per the City of Carlsbad Standards. B. The repair of the driveway aprons shall be included under the driveway bid item. San Diego Regional Standard Drawing G-14.1 shall be modified by the substitution of the following: "5-1/2" thickness in place of the 4" thickness for residential driveway and 7-1/2" thickness in place of the 6" thickness for commercial driveway. Driveway aprons will be the same thickness as driveways." C. Curbs and gutters, sidewalks and driveway aprons shall be replaced in kind with the existing surrounding improvements and according to the San Diego Regional Standards Number G-2, G-7-1andG-14-1. D. Payment for the concrete curb and gutters and sidewalks shall be considered included in the unit price bid for these items. Existing handicap ramps shall be replaced by the Contractor and should be included in the bid. No additional compensations will be made therefore. E. Base material under sidewalks, curbs, gutters and driveway approaches shall be compacted prior to the new installation. F. Asphalt repairs at curb and gutter, and crossgutter locations will be done by the City of Carlsbad, Street Maintenance Division. 2.) Root Barriers: A. Where required, the Contractor shall be responsible for the installation of root barriers provided by the City at specified locations. Installation will be in accordance with the manufacturer's specifications, provided by the City, and the Utilities and Maintenance Director. CLEAN-UP A. Clean-up and dust control shall conform to the requirements of Section 7-8.1 of the SSPWC and to the Special Provisions section of the Contract Documents. B. Compensation for site clean-up and dust control shall be considered included in the unit bid prices for the various items of work. No additional payment will be made therefor /—__*,_„* M_ -rnA;rone ono-ro MISCELLANEOUS A. The contractor shall be responsible for setting all meter boxes. Bid amount shall include contractor's labor costs. Meter boxes will be provided by the City. Contractor shall install meter boxes per City of Carlsbad standards using sixsack mix concrete. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within sixty 60 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Street Maintenance Supervisor, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Street Maintenance Supervisor if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Street Maintenance Supervisor may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Street Maintenance Supervisor will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Street Maintenance Supervisor is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Street Maintenance Supervisor's judgment, the Work has been completed and is ready for acceptance the Street Maintenance Supervisor will so certify to the Board. Upon such certification by the Street Maintenance Supervisor the Board may accept the completed Work. Upon the Board's acceptance of the Work the Street Maintenance Supervisor will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $250.00. Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. ~..:—.,1 irtfnoMV) /^^_*,«««. M~ n\(wono ono-rc Docva AQ nf 71 SECTION 7 - RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the Slate of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain from the agency, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project for transportation by the Contractor to an approved recycling facility. The cost of said permit(s) shall be included in the unit price bid for the appropriate bid item and no additional compensation will be allowed therefor 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Street Maintenance Supervisor, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Street Maintenance Supervisor may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm nnntrart Nln PWRnR-SnSTS Panp Rn of 79 Panes Water Runoff Associated with Construction Activity." Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Street Maintenance Supervisor may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Sreet Maintenance Supervisor. Rpwis*»H m/nfl/n3 Pnntrart Nn P\A/Rnfi-3nSTS Pan* 51 of 7? Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, e.g. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, e.g. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Street Maintenance Supervisor has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Street Maintenance Supervisor or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Street Maintenance Supervisor may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, eg.3.6m (12')) wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Street Maintenance Supervisor; within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Street Maintenance Supervisor. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted it plan to the Street Maintenance Supervisor and has received the Street Maintenance Supervisor's written approval of said plan. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if Contractor elects to modify TCP included in the project plans, Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. Contractor must submit the TCP for the Street Maintenance Supervisor's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Street Maintenance Supervisor's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Street Maintenance Supervisor's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, R«»\/i«oH m/na/rV3 rnntra^tMn DXAKnfi-'WVSTQ Dono t& nf 7? Panae curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Street Maintenance Supervisor and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Street Maintenance Supervisor shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Street Maintenance Supervisor may approve any such modifications, supplements, and/or new designs to the TCP when, in the Street Maintenance Supervisor's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Street Maintenance Supervisor. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Street Maintenance Supervisor. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. RawicaH m/HP/m rnn»ra«-t Mr. P\AKnR.7n<?T<5 Pana 53 nf T) SECTION 9 - MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. : 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall riot be affected by any payment but shall commence on the date of recordation Of the "Notice of Completion" ' 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each rhonth, the Street Maintenance Supervisor will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9- 2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the clbsure date, the Street Maintenance Supervisor shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment \k due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Street Maintenance Supervisor with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Street Maintenance Supervisor shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Street Maintenance Supervisor determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than 'seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Street Maintenance Supervisor, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Street Maintenance Supervisor will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Street Maintenance Supervisor and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. 1 : i The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should th6 Contractor fail to submit the statement and supporting documentation within the time specified, the; Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Street Maintenance Supervisor will review the disputed item within 30 calendar days and make any appropriate1 adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Street Maintenance Supervisor will be subject to resolution as specified in subsection 3-5, Disputed Work. Revised 10/08/03 Contract No. PWS06-30STS Page 54 of 72 Pages The written statement filed by the Contractor shall be in sufficient detail to enable the Street Maintenance Supervisor to ascertain the basis and amount of said disputed items. The Street Maintenance Supervisor will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Street Maintenance Supervisor to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Street Maintenance Supervisor to ascertain the basis and amount of said claims. The Street Maintenance Supervisor will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Sreet Maintenance Supervisor to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Street Maintenance Supervisor. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. 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H LLI UJ 03a. fw>Urn X < (Ooz<a: UJ t D O m"* ac o >^ _i ^ UJ (O 00 a: UJ o aia: o 10o CM 2 T PROGRAz UJ Ulo 3a. UJa: (0 so i <a. UJct: UJ (0 o | UJ UJ1^•4 Q. Q. D (0 to CM O DESCRIPTI1 a. ^ <o5 a: 0 =1 8 &03 ,_ jo ro o £Sfi| &?3 3 13 ^ Q. (0 0 O 0 CO < I C C C CT CT CT:= =: = CO CO (/) O> CD IO T- O IO CO IO -r- IO T- ^T''-CM ^T CO CM 10" T-"Crossg utterSawcutting^T c™ CO = O T-o o> CO IO <USQ. CM CO 0) COoco COo Q- 6 8+-t I COio TJ0) .52 i O APPENDIX "B" RESIDENT NOTIFICATION EXAMPLE CITY OF CARLSBAD ROAD WORK ~ ABC CONTRACTORS OFFICE # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its infra- structure, sidewalks on your street will be removed and replaced. This construction will require the closing access to your driveway for one day. Your street, from XV? St. to XYZAve. will be affected on: MON. TUE. WED. THU. FRI. DATE: from 7:OOA.M. to 5:00 P.M. If you don't plan to leave your home by 7:00 A.M. on the above date please park your car on the street so that you will not need to cross the sidewalk. Streets scheduled for resurfacing can be determined by calling either the Contractor or the CRy of Carlsbad Street Maintenance Depart- ment. When walking to and from your car, remember not to walk on the newly poured sidewalk. Please do not drive, walk on, walk pets, play, or skate on the newly poured concrete. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the con- crete Is poured as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at (760)XXX-XXXX if you have any questions regarding the project. Resur- facing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot reach the mailbox that day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City's Street Maintenance Department at (760) 434-2980. Thank you for your cooperation as we work to make a better City of Carlsbad. RowieoH Mr.Dana R1 nf 7O Donae TYPE 24' H 30' 1.61 •AREA SQ. FT. 1.34 • with 6" Curb Foee NOTES 1. Concrete shott be 520-C-3250 2. See Stondord Drawing G-10 (or joint details. 3. Slope top of curb 1/4" per foot tovord street.LEGEND ON PLANS- Revision ORIGINAL By Approved Ktreh«vol I2/7J Dole SAN DIEGO REGIONAL STANDARD DRAWING CURB AND GUTTER - COMB ID RECOMMENDED BT1HE S* OICCO REGKWM. STMOMOS COMniE R.C.E. 19241 D<t» DRAWING ft.O Po\/icoH Mn D\A/Cn«_7nCTQ Dona KA nf 71 Dona* Kdth n fkowi on plan Gram 1/4' fete 1/4* R 1/4- per R. NOTES 1. Conento shod be 520-C-3250 2. SM Standard Owing C-10 for joint dttote. 1 MonoRhfc curb, gutter wd sidmk is to be used wtti AQtncy opprovti ony* 1/2' R—^Tft: LEGEND ON PLANS Revisnn ORIGINAL Approved Kerehtvol Dote 12/75 SAN DIEGO REGIONAL STANDARD DRAWING MONOLITHIC CURB, GUTTER AND SIDEWALK MECOUIICWa) BT THE $*H DCCORCCKIHN. STAHOAHOS ccuuma R.C.E. 1924» D«U DRAWINGNiiunra G-3 RovicoH nnntrartMn P\A/S n«.anRTS Pane RR nf 79 Panec VonBS Width w shown on pton I --- NON-CONTIGUOUS r at *OM on _ 1/4- P» (I 1 CONTIGUOUS NOTES I. Conenlt *kol bt 520-C-3®501 Sw Sondord Oraring G-9 and C-10 for joW driata. IEGENOONPUW Revision lORIGINAt Kerctwol 12/75 SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK - TYPICAL SECTIONS __ BV1HESWOCQO KCOONAL SUMMKK COMTTCE R.C.E. 19241 D*t* DRAWING NUMBER G-7 lion Joint Filer Material 1/S'R r — l/Z'povement) J/8' (Sdemlk)• 1/2* x 24* Smooth. Greased or Wed Bar. 30" cc EXPANSION JOINT CONTACT JOINT Preformed Joinl Her -1/4- 1/TRa—itk- 1/BT WEAKENED PLANE JONT GUTTER AND PAVEMENT WEAKENED PLANE JOINT CURB AND SIDEWALK r.^•^ [ • -T — cj p*w T-s ;• \ .'\ — 1 5/8' KEYED JOINT Revision By ORIGINAL ParfcinBon Dote 2/95 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE JOINT DETAIL* KCCOUUDIOED BT K SAN OKGO REOONM. STMOAMOS COMTKC R.C.C 1924C Dolt DRAWNC NUMBER G-10 R*>wisf»ri rtnntrart Mn P\A/RnR-^n«?T.<? Panp R7 nf 79 Panes Existing Score Mark-Afto to be removed S or (ram joint to joinl in pcntl whichever is li» -Drifting Joint SIDEWALK PLAN 1 Score Mark— . 1 ^r" '"' *\ ' l ATM to be removed • .*.'*'• > — Existing Join f \..... SIDEWALK SECTION 5' or from joint to Joint ... whichever is less. to be removed 30* Min. from eiristino. joint or edge of curb I y-Bilrting Joint or Edge •CM UN -Cutter tint \ CURB PLAN Area to be rrmoved 15' Min. froih enJeBng joint 5' (Min.)or edge af povement • ExMing Joint or Edg* PAVEMENT SECTION Remoining edoe to bt smooth ond trut witti no shotter., NOTE Wwn dUtancs fran, Ann to be ivnovid, to ensfang joint, tdge or score inork is less than minimum rimn, 'Area to bt removed" she! be cxtmdto to joeit* sdgi or scon murk. Concreteto be removed SECTION Showing Cut Revision ORIGINAL Approved Kerchevol Dote 1Z/75 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE CURB, GUTTER, SIDEWALK AND PAVEMENT REMOVAL AND REPLACEMENi KCOMMENOEO BV 1HC SAM OKQQ MEQONAL STAMMflOS COUMT1EC R.CE. W*« DM* DRAWNC KIJURFR G-n Ro\/icorl Dona R« nf 7O Ponoe d- R- Radiui ^Contact Joints par Standard Drawing G-10 when separate pours are mode PLAN 1±JS MIJ«\ff_ Jet *•»*• alP«««« BOH iMloU oi *OM « ptons SECTION A-A NOTES \. Ctncnto *«bt 5W-C-3250. I IMbwAwM^Mi MXMMM *•'•!•*""™~™™"*~™ ™ WipWB^w |M^IV JBW> 4. a • OmatioM to bt riwwn M & ham MQIMMBI to bt f Thick. & Cub bthtm PjCJU *al bt put of crew fatttr. 7. bi ol cent MbQfodt ihol bt r«alnt enmpoeUon to fcpth at . _____ ... _. J..^-.UEMENO ON PWHS Revision ORIGINAL By Approved Kvrchwrat Date 12/75 SAN CROSS GUTTER irrrnuuftmnt BY WE SMI ORA1NG NUMBER Rpvis*»H rnntrart Nn P\A/Snfi-^nSTR Pans fifi nf 79 R/W . Curb Lint 2:1 Transition • y-o" !•••-Cutter PLAN DnVnay Curb Opening Bottom of Curb ELEVATION *<typ.) Edge or Sidewalk -^vj •Normal R!M j/4«'/4W ft S 1/2' RnMwitiol 5 1/2" Comrmreiol SECTION NOTES '/2"R- 1. No concrete shod be placed until forms and tubgrode art inspected by the Agency. 2. Concrete ehoH be 520-C-'32SO 3. See Standard Drawings G-15 and G-t6 for width and locotion requirements 4. Driveway romp to extend to 10 feet from curb face or to property line whichever is less, (for commercial driveways only) 5. See Standard Drawings G-2 and G-10 for curb and joint details. Revision ORIGINAL By R. Munot Date 4/97 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAY (Contiguous Sidewalk) ftCOMUENKD BY 1HC I«N DCCOSUHOMOS OQHMTHE R.U. 1M« Dot* DRAWINGuiitiflro G.UA 2:1 Transition Bottom •/y/»f/)e/ f of Curb -S ELEVATION 12" R (typ.) Edge of 5 1/2" -Normal Kn SECTION (MUr 1/2-R- NOTES 1. No concrete shall be placed until forms and subgrode art inspected by the Agency. 2. Concrete shall be 520-C-3250 3. See Standard Drawings G-15 ond G-16 for width and location requirements 4. Driveway ramp to extend to 10 feet from curb face or to property line whichever is less. (For commercial driveways only) 5. See Standard Drawings G-2 and C-10 for curb and joint details. KflVISfOO ORIGINAL Approved R. Munot Dote 4/97 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAY {Non-contiguous Sidewalk* KCOMDttCO BY WE UN OCGO KGKMM. STANDARDS OMiTlIE Dott OfiAWNG UIH1OTO G-14B RowieoH Mn Dane 71 nf 79 Panoo Non-contiguous Sidewalk PLAN Driveway Curb Opening Bottom of Curb ELEVATION 12- R (lyp.) 5 1/2 SECTION 1/2-R- NOTES 1. No concrete shall be placed until forms and subgrade are inspected by the Agency. 2. Concrete shall be 520-C- 3250 3. See Standard Drawings G-15 and 6-16 for width and location requirements 4. Driveway ramp to extend to 10 feet from curb face or to property line whichever is less. (For commercial driveways only) 5. See Standard Drawings G-2 and G-10 for curb and joint details. Revision By Approved Dole SAN DIEGO REGIONAL STAN KCOUIENKO BVJICJMI OCOO rnntrai-* Mr.Dona 7O r,f 79 Danac