HomeMy WebLinkAboutInternational Pavement Solutions; 2004-06-14; STS04003DOC # 2005-0335529
RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
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APR 21,2005 455 PM
OFFlClpL RECOFiDS
SAFI DIEGO COIJNT'I RECORDER'S OFFICE
GREGUR'Y J SMITH COUNTY RECORDER
FEE5 a ou PAGES 1
I11111 11111 11111 11111 11111 11111 11111 Illl llill ll111 ll111 Ill11 11111 ll111 Ill1 1111
I Space above this line for Recorder's use.
PARCEL NO: Not applicable
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3. 4.
5.
6.
7.
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 30,2005. The name of the contractor for such work or improvement is International Pavement Solutions Inc.
The property on which said work or improvement was completed is in the City of Carlsbad, County of San
Diego, State of California, and is described as follows: Curb gutter and sidewalk replacement Contract #
STS 04003. The street address of said property is City wide. (No Street Address). 8.
I
Public WorFDirector
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 bel-;\ w ,20p5 , accepted the above described
work as completed and ordered that a Nztice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 4f&& , 2006, at Carlsbad, California.
CITY OFBARLSBAD ,
City Clerk U
W\M5.
Word\Masters\Fom\Notice of Completion (City) 3/9/98
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The contractor has constructed the improvements required for the City wide Curb, Gutter, and
Sidewalk replacement contract - No. STS04003 and has requested that the City of Carlsbad
accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of:
IMPROVEMENTS VALUE
Curb, gutter, and sidewalk concrete repair
throughout the City.
$67,546
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described public improvements is deemed complete and hereby
accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described improvements. -
AP OVED AS TO FORM: fl -
RonaWR. Ball, City Attorney q -c -or.
d\P+
Word\Masters\Forms\Acceptance of Public improvements (City) 3/9/98
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
CURB, GUTTER &
SIDEWALK
REPLACEMENT
PWS04-26STS
CONTRACT NO. STS04003
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e Revised 10108/03 Contract No. 04003 Page 1 of 70 Pages
TABLE OF CONTENTS
Notice Inviting Bids .......................................................................................................................
Contractor‘s Proposal ...................................................................................................................
Bid Security Form .........................................................................................................................
Bidder’s Bond To Accompany Proposal .......................................................................................
Guide For Completing The “Designation Of Subcontractors” Form .............................................
Designation Of Subcontractor and Amount Of Subcontractor‘s Bid Items .................................
Bidder’s Statement Of Financial Responsibility ............................................................................
Bidder’s Statement Of Technical Ability And Experience ............................................................
Bidder‘s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation ...........................................................................................
Bidder’s Statement Of Re Debarment .......................................................................................... -
Bidder‘s Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid ..............................
.................................................................................................................. Contract Public Works 74
Labor And Materials Bond ............................................................................................................
Faithful PerformanceNVarranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
@ Revised 10/08/03 Contract No. 04003 Page 2 Of 70 Pages
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on April 20, 2004, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail,
delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows:
CONTRACT NO. STS04003
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, (1 997 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 Public
Works Manager.
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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:
ts Revised 10/08/03 Contract No. 04003 Page 3 of 70 Pages
1.
2.
3.
.c- 4.
5.
6.
7.
8.
Contractor's Proposal
Bidder's Bond
Non-Collusion Affidavit
Designation of Subcontractors
and Amount of Subcontractor Bid
Designation of Owner Operator/Lessors &
Amount of Owner Operator/Lessor Work
Bidder's Statement of Financial
Responsibility
Bidder's Statement of Technical Ability and
Experience
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.
1O.Bidder' s Statement Re Debarment
1 1 .Bidder's Disclosure Of Discipline Record
12.Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder
wishes to use the Escrow Agreement for
Security)
All bids will be compared on the basis of the Public Works Manager's Estimate. The estimated
quantities are approximate and serve solely as a basis for the comparison of bids. The Public Works
Supervisor's Estimate is $50,000.
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 classification is acceptable for this contract: 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.
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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 Public Works Manager a written request for clarification or
correction. Any response will be made only by a written addendum duly issued by the Public Works
Manager 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.
-
'fc Revised 10/08/03 Contract No. 04003 Page 4 of 70 Pages
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 41 07 and 41 07.5.
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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted
and authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be
accompanied by the following documents:
I
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. P
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
(3 Revised 10/08/03 Contract No. 04003 Page 5 of 70 Pages
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.
r
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.
ISABELLE PAULSEN, CMC
Deputy Clerk
March 5,2004
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ts Revised 10/08/03 Contract No. 04003 Page 6 of 70 Pages
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- City of Carlsbad
April 5, 2004
ADDENDUM NO. 1
RE: CURB, GUTTER, & SIDEWALK REPLACEMENT, CONTRACT NO. STS04003
Please include the attached addendum in the Notice to BiddedRequest 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.
KEVIN DAVIS
Buyer
KD:dli
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
*
LCb
Bidder's Signature
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1635 Faraday Avenue Carlsbad, CA 92008-731 4 (760) 602-2430 - FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
.
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April 5,2004
TO: BUYER, KEVIN DAVIS
FROM: Sr. Management Analyst
BID STSO4003 STREET MAINTENANCE - CURB, GUTTER & SIDEWALK
REPLACEMENT
Please prepare Addendum #01 to the contract covering the following issues:
1. Replace the last sentence in the second paragraph on - of the Contract
Documents, (Notice Inviting Bids) to read:
The following classifications are acceptabk for this contract: A and c-8 in
accoMance with the provisions of State law.
Contact me at extension 71 10 if you have any questions.
CLINT PHILLIPS
Attachment
cc: Public Works Supervisor, Street Maintenance
Addendum #1 Bid STSO4003
_- --
.
-
1. 2.
3.
4.
5.
6.
7.
Contractor's Proposal 8.
Bidder's Bond 9.
Non-Collusion Affidavit Designation of Subcontractors
and Amount of Subcontractor Bid Designation of Owner Operatorllessors &
Acknowledgement of Addendum(a)
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.
AmoGnt of Owner Operatorllessor Work Bidder's Statement of Financial Responsibility Bidder's Statement of Technical Ability and 12. Escrow Agreement for Security Deposits -
Experience (optional, must be completed if the Bidder
wishes to use the Escrow Agreement for Security)
10. Bidder' s Statement Re Debarment
11. Bidder's Disclosure Of Discipline Record
All bids will be compared on the basis of the Public Works Manager's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Public Works Supervisor's
Estimate is $50.000. Actual payments shall not exceed $SO.OOQ.
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: & and G=il 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 Public Works Manager a written request for clarification or
correction. Any response will be made only by a written addendum duly issued by the Public Works Manager a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral resporise wiii 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.
Raviceri inmRm2 Pane A nf 66 Panec
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CITY OF CARLSBAD
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
CONTRACTOR’S PROPOSAL
OPENED, WiTNESSED AND RECORDED:
City Council
City of Carlsbad
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. STS04003 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:
1200 Carlsbad Village Drive &&Y
DATE S NATURE
Item
- No.
1
2
Description
Remove and replace Type G
curb and gutter per SDRSD
Remove and replace sidewalk
per SDRSD G-7
Remove and replace
driveway approaches per
Remove and replace
crossgutter per SDRSD G-I 2
7Wthick.
Asphalt and concrete saw
cutting
Root grubbing
Traffic control
G-2
SDRSD G-14
Approximate
Quantity Unit
and Unit Price
40linearft. $ l)D-oO
3,680 sq. ft. $
320sq.ft. $ 8.B
916sq.ft. $ 8-st,
4121inearft. $ /-sb
30 locations $ 95.00
lumpsum $ 3SbOvOD
Total
$ /660-00
!k 23ao.00
-- Total amount of bid in words: L&d
Total amount of bid in numbers: $ 4 7, 594. 00
Revised 10/08/03 Contract No. 04003 Page 7 of 70 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.
c has/have been received and idare 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 alifornia, validly licensed under
license number 7a226 , classification Frn which expires on
, and that this statement is true and correct and has the legal effect of
an affidavit.
//-3O- Qy
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the
contract is awarded, the contractor shall be properly licensed. Public Contract Code § 201 04.
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 &W* Bm!D (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
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
-
c..
.-
- commencing the performance of the work of this Contract and continue to comply until the contract is
e
@ Revised 10/08/03 Contract No. 04003 Page 8 of 70 Pages
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
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(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail
IF A PARTNERSHIP, SIGN HERE:
(1 ) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
(3) Place of Business
City and State
(Street and Number)
(4) Zip Code Telephone No.
(5) E-Mail
@ Revised 10/08/03 . Contract No. 04003 Page 9 of 70 Pages
License Detail Page 1 of 2
'AI
License Detail
GENERAL ENGINEE~NG CONTRACTOR
GENERAL BUILDING CONTRACTOR -
CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 729226
A license status check provides in
Before relying on this information, you should be aware of the following limitations:
the CSLB license data base.
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
subject to public complaint disclosure, a link for complaint disclosure will appear
below. Click on the link or button to obtain complaint and/or legal action information.
are disclosed.
the arbitration.
onto the Board's license data base.
Per B&P 7071.1 7, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
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Extract Date: 04/20/2004
* * * Business Information * * *
INTERNATIONAL PAVEMENT SOLUTIONS INC
P 0 BOX 10458
SAN BERNARDINO, CA 92423 Business Phone Number: (909) 794-21 01
Entity: Corporation Issue Date: 1 1/01/1996 Expire Date: 11/30/2004
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
lhassll DescriDtion It
* * * Bonding Information * * *
http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 4/20/2004
License Detail Page 2 of 2
.- CONTRACTOR'S BOND: This license filed Contractor's Bond number RED1 080204 in
the amount of $10,000 with the bonding company
REDLAND INSURANCE COMPANY. Effective Date: 01/01/2004
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) DENNIS CRAIG RIEGER certified that he/she owns 10 percent or more of the voting
stocWequity of the corporation. A bond of qualifying individual is not required.
Effective Date: 11/01/1996
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
ALASKA NATIONAL INSURANCE CO.
Policy Number: 03GWD40057 Effective Date: 07/29/2003 Expire Date: ON1 3/2004
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
Q 2003 State of California. Conditions of Use Privacy Policy
4/20/2004
,-
Personnel List Page 1 of 1
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 729226
Click on the person's name to see a more detailed page of information on that person.
Name Association Disassociation Class More
Date Date Class Title
DENNIS CRAIG RIEGER RMO/P/T 11/01/1996 A More
BRENT CHRISToPHER SECRETARY 11/01/1996 RIEGER
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy Policy
http ://w w w2. c slb .c a.gov/CSLB-LIBR ARY/Personnel+Li s t . asp?LicNum=729226 4/20/2004
-
I IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted cZirIcfERtU&T/O*L /wemtwr
~oLunonts mc.
s
(2) &cw Dt?~~i5 C. 'P ICGGlZ
(Signature)
ts. /-.
(Title)
- Impress Corporate Seal here
NOTARIAL ACKNOWLEDGMENT OF EXECUTION ABOVE 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:
a Revised 10/08/O3 Contract No. 04003 Page 10 of 70 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Bemardino
On April 19,2004 before me, Nancy Embedo, Notary Public I
Date Name and Title d ORrCer (e g , ‘Jane Doe, Notary Public”)
personally appeared Dennis C. Rieger I
Name@) of Signer(s)
personally known to me - OR -0 to be the person(@
whose name0 islaw subscribed to the within instrument
and acknowledged to me that he/sbekbey executed the
same in hi- ’ authorized capacityw and that by
his- ’ signature(@ on the instrument the person(+,
or the entity upon behalf of which the person@) acted,
executed the instrument.
WlTNESS my hand and official seal. n
0 PTlO NA L
Though the information below is not required by law, it maypme valuable to persons relying on the dxument and could prevent
fraudulent removal and reattachment of this fom, to another document.
c Description of Attached Document
Title or Type of Document: Bid
Document Date: April 19, 2004 Number of Pages: 13
Signer(s) Other Than Named Above:
Capacity(1es) Claimed by Signer(s)
Signer‘s Name: Dennis c. fieger
[XI Individual
[XI Corporate Officer
0 Pafiner - 0 Limited 0 General 0 Attorney-i n- Fact
0 Trustee 0 Guardian or Conservator
0 Other:
xtle(s): President/Treasurer
Signer Is Representing:
- International Pavement Solutions Inc.
Signer‘s Name:
0 Individual
IXI Corporate Officer
0 F%~finer - Limited 0 General 0 Attorney-i n- Fact
0 Trustee 0 Guardian or Conservator 0 Other:
Title(s): v. he. / SeC.
Signer Is Representing:
International Pavement Solutions
Inc.
..- BID SECURITY FORM
(Check to Accompany Bid)
x
CONTRACT NO. STS04003
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 ($ 11 this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance
coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The
proceeds of this check shall also become the property of the City if the undersigned shall withdraw
his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless
otherwise required by law, and notwithstanding the award of the contract to another bidder.
--
.- -
BIDDER
*Delete the inapplicable word. -
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be
executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
Revised 10/08/O3 Contract No. 04003 Page 11 of 70 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That we, International Pavement Solutioqes Principal, and, of America
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows:
(must be at least ten percent (10%) of the bid amount) for which
payment, well and truly made, we bind oursetves, our heirs, executors and administrators,
SUCC~SSO~S or assigns, jointly and severally, firmly by these presents.
Inc . Safeco Insurance Company
1
TEN PERCENT
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
in the City of Carisbad, 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 af 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.
-
... ... ...
..” ... ... ... ... ...
r.. ... ... .. u ... ... I ...
... ..- ...
-1.
d.. ,r .-. ...
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from irs obligations under this bond.
F-
lgth dayof, APRIL 120%. .. Executed by PRINCIPAL this
PRlNC IPAL: International Pavement Solutions, Inc. Executed by SURETY this 19th day of APRIL ,2004.
(sign here) SURETY:
Dennis C. Rieger
(print name here) Safeco Insurance Company of America
President, International Pavement Solutio
(Title and Organization of Signatory)
(sign here)
(name af Surety) Ins, Inc.
130 W. Vine Street, Redlands, CA 92373
(address of Surety)
(909) 792-2345
(telephone number of Surety) Brent C. Rieger
(print name here) By:, %$d4 /&#?
(signature of Attorney-in-Fact)
(printed name of Attorney-in-FGct)
Secretary, International Pavement Solutions, Richard A. Beall
(title and organization of signatory) Inc .
(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
CityAttorney -
By:
90/b0 39W
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Signer's Name: Richard A. Beall
.-
State of California
Signer's Name:
County of San Bernardino
On April 19,2004 before me, Stephanie Dickinson, Notary Public I
Date Name and Title of Officer (e.g.. 'Jane Doe, Notaiy Public")
personally appeared Richard A. Beall I
personally known to me - OR - 0 1 to be the personw
whose name(@ is/- subscribed to the within instrument
and acknowledged to me that he/&/#by executed the
same in his#w/#ek authorized capacity@+ and that by
his/k/#& signature(@ on the instrument the person@+,
or the entity upon behalf of which the personw acted,
executed the instrument.
Name(s) of Signar(s)
WmESS my end and official seal.
,4
Signature of Notavublc
0 P TI0 NA L
Though the information below is not required by law, it may prove valuable to persons relying on the mcument and could prevent
fraudulent removal and reattachment of this form to another document.
P Description of Attached Document
Title or Type of Document: Bidder's Bond
Document Date: April 19,2004 Number of Pages: 2
0 Individual
0 Corporate Officer
Title@): 0 l%flner - 0 Limited 0 General Attorney-i n- Fact
0 Trustee 0 Guardian or Conservator 0 Other: I '"1 I I Signer Is Representing: I I
0 Individual 0 Corporate Officer
Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-i n- Fact
0 Trustee 0 Guardian or Conservator 0 Other:
I I Signer Is Representing: I I - Safeco Insurance Company of America II
POWER
? * A E Ow OFATTORNEY
SAFECo WSUM COMPANY OF AMERICA GENERAL HSWUNCE COMPANY OF AMERICA HOME OFFIE: SAFECO PlAU
SEATTLE. WASHINGTON 99185
thk 19th &yd APRIL , 2004 ,
CHRISTINE MEAD, SECRETARY
so97USAEF u)1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
California State of
County of san Bemardin0
On April 19,2004 before me, Nancy Escobedo, Notary Public I
Dme Name md TI of offiuw (e.g., 'Jane Doe. NOW Public")
personally appeared Dennis C. Rieger and Brent C. Rieger I
Name@) of Signefls)
[XI personally known to me - OR - 0 to be the personw
whose name0 islafe subscribed to the within instrument
and acknowledged to me that he/&ekbey executed the
same in hi- . authorized capacitym and that by
hisHrerfttretr - signaturem on the instrument the person(+,
or the entity upon behalf of which the personw acted,
-m &- executed the instrument. t NANCY ESCOBEDO
Commission # 1289339
Notary Public - Califomfa
San Bemardino County
- I i WITNESS my hand and official seal. d
OPTIONAL
Though the information bebw is not required by law, it may pmve valuable to pems relying on the dlcument and couldprevent
fraudulent removal and reattachment of this form to another document.
I Description of Attached Document
Title or Type of Document: Bid Bond
Dowment Date: April 19, 2004 Number of Pages: 2
Signer@) Other Than Named Above: Richard A. Bedl
Capacity(1es) Claimed by Signer(s)
Signer's Name: Dennis c. Rieger
IXI Individual €4 Corporate Officer Ttle(s) PresidentlTreaswer
0 Partner - 0 Limited 0 General 0 Attorney-i n- Fact
0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing:
- International Pavement Solutions Inc.
0 Individual
IXI Corporate Officer
0 Partner - 0 Limited 0 General
Title(s): v. he. / SeC.
0 Attorney-i n- Fact
0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing:
International Pavement Solutions
InC.
Top of thumb here
Company Profile Page 1 of 2
Company Profile n
SAFECO INSURANCE COMPANY OF
AMERICA
STATE FILINGS C-2 SAFECO PLAZA
SEATTLE, WA 98185
800-332-3226
Former Names for Company
Old Name: SELECTIVE AUTO & F INS CO AMER Effective Date: 11-02-1953
Agent for Service of Process
DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 24740
NAIC Group #: 0 163
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: WASHINGTON
California Company ID #: 1442-3
October 07, 1953
License Status: UNLIMImD-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=33 ... 4/20/2004
___ ~~
Company Profile Page 2 of 2
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comparison Data
Comuosite Complaint Studies
Want More?
Help Me Find a Company Representative in My Area
Financial Rating Organizations
____ ~ . . .-
Last Revised - February 18,2004 03 : 13 PM Copyright Q California Department of Insurance Disclaimer
http ://cdinsw w w .insurance .c a. gov/pl s/wu~co~prof/idb~co~prof~utl. get-co-prof?p-EID=3 3.. . 4/20/2004
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 Public Works Manager on the "Contractor's Proposal" are not included
in computing the percentage of work proposed to be performed by the Bidder.
c
I
I INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
-
The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid.
Failure to provide complete and correct information may result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item.
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
perform no less than fifty percent (50%) of the work with its own forces.
- explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
Revised 10/08/03 Contract No. 04003 Page 14 of 70 Pages
c Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final. ..
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
.-
a Revised 10/08/03 Contract No. 04003 Page 15 of 70 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
Portion of Work*
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 ($lO,OOO), whichever is greater, and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
Subcontractor Name and Amount of
location of Business Work by
Subcontractor
in Dollars*
SUBCONTRACTOR'S BID ITEMS
f .
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. 04003 Page 16 of 70 Pages
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
Copies of the latest Annual Report, audited financial statements or Balance Shee.; may be
submitted under separate cover marked CONFIDENTIAL.
x
a Revised 10/08/03 Contract No. 04003 Page 17 of 70 Pages
--
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
FINANCIAL STATEMENTS
December 31, 2003
___--------
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
FINANCIAL STATEMENTS
December 31, 2003
-------_--_
CONTENTS _-___
Accountant's Report
Financial Statements
Balance Sheet
Statement of Income and Retained Earnings
Statement of Cash Flows
Notes to Financial Statements
Supplementary Information
Schedule of Income
Selling Expenses
Operating Expenses
Contracts in progress
Consolidated reporting
Paqes
1
2-3
4
5-6
7-11
12
13
14
15-18
19-21
FREDERICK ?EISS ti COMPANY -
ACCOUNTANT'S REPORT --------__
To ThesBoard of Directors INTERNATIONAL PAVEMENT SOLUTIONS, INC. (An S Corporation)
We have reviewed the accompanying balance sheet of International
Pavement Solutions, Inc. as of December 31, 2003, and the related
statements of income and retained earnings and cash flows, for the
twelve months then ended in accordance with Statements on
Standards for Accounting and Review Services issued by the
American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of International Pavement
Solutions, Inc. -
A review consists principally of inquiries of Company personnel
. and analytical procedures applied to financial data. It is substantially less in scope than an examination in accordance with
generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material
modifications that should be made to the accompanying financial
statements in order for them to be in conformity with generally
accepted accounting principles.
The accompanying additional information is the representation of the management of International Pavement Solutions, Inc. and is
presented only for supplementary analysis purposes. It has been
subjected to the inquiry and analytical procedures applied in the
review of the basic financial statements. We are not aware of any
material modifications that should be made to such information.
April 5, 2004
CERTIFIED PUBLIC ACCOUNTANT
164 W. HOSPITALITY LANE, SUITE 6A SAN BERNARDINO, CA 92408
PO. BOX 8398 SAN BERNARDINO, CA 92412-8398
(909) 890-3533 FAX (909) 890-3543
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
BALANCE SHEET
December 31, 2003
------_
ASSETS
CURRENT ASSETS
Accounts receivable
Accrued retentions
Earned revenue in excess of billings Material and shop inventory Prepaid expenses TOTAL CURRENT ASSETS
$1,842,099 102,801
2,290,679
17,719
22,691 4.275.989
MACHINERY AND EQUIPMENT Vehicles and trailers Machinery and equipment Computer equipment Leasehold improvements
Accumulated depreciation
TOTAL MACHINERY AND EQUIPMENT -
477 , 135
804 , 515
42,996
39,577
(750; 968)
613.255
OTHER ASSETS
Goodwill, less accumulated amortization
Organization costs, less accumulated
of $58,264
amortization of $3,965
TOTAL OTHER ASSETS
64,349
0
64,349
TOTAL ASSETS $4,953,593
The accompanying notes are an integral part of these statements.
See Accountant's Review Report .-
-2-
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
BALANCE SHEET
December 31, 2003
-------
LIABILITIES
CURRENT LIABILITIES
Accounts payable
Accrued expenses Billings in excess of earned revenue Bank line of credit
Current portion of long-term debt TOTAL CURRENT LIABILITIES
LONG-TERM LIABILITIES
Loan payable DCR Investments inc.
Loan payable Rieger Properties 1 LLC Loan payable ERA Investment Group Long-term debt, less current portion above TOTAL LONG-TERM LIABILITIES
S T 0 C K H 0 L D E R S' EOUITY
CAPITAL 7,500 STOCK, authorized 75,000 shares
shares issued and outstanding
RETAINED EARNINGS TOTAL STOCKHOLDERS' EQUITY
TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY
$ 1,327,497 43,966 1,907 396,385 45,330 1,815,085
568,922 1,010,858 12,685 181,322 1,113,781
7,500
1,357,221 1,364 , 721
$ 4,953,593
The accompanying notes-are an integral part of these statements.
See Accountant's Review Report
-3-
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
STATEMENT OF INCOME AND RETAINED EARNINGS
For the Twelve months Ended December 31, 2003
_--------------____---
_-
CONTRACT SALES
COST OF SALES
GROSS PROFIT
SELLING EXPENSES
OPERATING EXPENSES
OPERATING INCOME
OTHER INCOME
- INCOME BEFORE INCOME TAX
INCOME TAX EXPENSE
NET INCOME AFTER INCOME TAX
RETAINED EARNINGS, BEGINNING OF PERIOD
RETAINED EARNINGS, END OF PERIOD
$21,046,093
17,839,054
3,207,039
(403,340)
(2,587,604)
216,095
11,672
227,767
(3,429)
224,338
1,132,883
$ 1,357,221
The-accompanying notes are an integral part of these statements.
See Accountant’s Review Report
-4-
I-
-
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
STATEMENT OF CASH FLOWS
For the Twelve months Ended December 31, 2003
---------__-
Increase (Decrease) in Cash & Cash Equivalents
CASH FLOWS FROM OPERATING ACTIVITIES: Net income
Adjustments to reconcile net income to net '
cash provided by operating activities: Depreciation and amortization Change in assets and liabilities: Increase in accounts receivable Increase in earned retentions Increase in earned revenue in excess
Increase in inventories Decrease in prepaid expenses Decrease in due from affiliate Increase in accounts payable Decrease in accrued expenses Increase in billings in excess of
of billings
earned revenue Total adjustments
NET CASH USED BY OPERATING ACTIVITIES
$ 224,338
238,801
(67,310) (15,042)
(1,553,931)
(7,613) 21,274 81,083 397,550 (42,894)
1,906
(946,176)
(721,838)
The accompanying notes are an integral part of these statements.
See Accountant's Review Report
I
-5-
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
STATEMENT OF CASH FLOWS
For the Twelve months Ended December 31, 2003
----------__
Increase (Decrease) in Cash & Cash Equivalents
CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of machinery and equipment
ACTIVITIES NET CASH USED IN INVESTING
CASH FLOWS FROM FINANCING ACTIVITIES: New borrowing Principal payments on long-term debt NET CASH PROVIDED BY FINANCING ACTIVITIES
NET DECREASE IN CASH AND CASH EQUIVALENTS
CASH AND CASH EQUIVALENTS AT
BEGINNING OF NINE MONTHS
A
CASH AND CASH EQUIVALENTS AT END OF NINE MONTHS
(538,201)
(538,201)
1,565,633 (305,594)
1,260,039
0
0
$ 0
The accompanying notes are an integral part of these statements.
See Accountant’s Review Report
-b-
'I
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
NOTES TO FINANCIAL STATEMENTS
For the Twelve months Ended December 31, 2003
---------------
1. Summary of significant accounting polices
The significant accounting policies followed by the Company
are summarized below.
Depreciation and amortization of fixed assets - Depreciation
of vehicles, machinery and equipment, shop equipment, office
furniture and equipment, is computed on the straight-line and declining-balance methods over useful lives of 3 to 10 years.
The depreciation and amortization charged to operations for the twelve months ended December 31, 2003 was $230,623.
Amortization of other assets - Amortization of goodwill is
computed using the straight-line method over 15 years.
Organization expenses are being amortized over 5 years. The
amortization charged to operations for the Twelve months ended December 31, 2003 was $8,178.
Supply inventories are valued at the lower of cost or market using the first-in first-out method.
Recognition of profit on long-term contracts - Service income is recorded on the percentage-of-completion basis. The contract price and the estimated profit are accrued based on the percentaqe that costs to date bear to total estimated costs, except that projected losses are provided for in their entirety without reference to the percentage-of-completion. As contracts can extend over one or more years, revisions in cost and profit estimates during the course of the work are reflected in the accounting period in which the facts which
require the revision become known. Revenues earned on specific jobs in excess of amounts billed are shown as a current asset and amounts billed in excess of revenues earned are shown as a current liability.
See Accountant's Review Report
-7-
_e INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
NOTES TO FINANCIAL STATEMENTS
For the Twelve months Ended December 31, 2003
---------------
1. Summary of significant accounting polices (continued)
Use of estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual
results could differ from those estimates.
2. Long-term debt
Long-term debt consists of the following:
Unsecured note payable at 10.0%, due and payable in April, 2006
-
Unsecured note payable to affiliate,
no interest or required monthly payments,
due December 31, 20011
_-
Unsecured note payable to affiliate, no interest or required monthly payments, due December 31, 20011
Unsecured note payable to affiliate, no interest or required monthly payments, due December 31, 20011
Total long-term debt
Non-current portion Less current portion
$ 226,652
1,010,858
568,922
12,685
1,819,117 45,330 $1,773,787
See Accountant's Review Report
-8-
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
NOTES TO FINANCIAL STATEMENTS
For the Twelve months Ended December 31, 2003
---------------
2. Long-term debt (continued)
Maturities of long-term debt are as follows:
Twelve months Ending December 31’,
2004 2005 2006 2007 2008 2009 and thereafter Total
$ 45,330 47 , 227 49,685 51,932 32,478 1,592,465
$1,819,117
3. Income taxes - By unanimous consent of its stockholders, the Company has
elected to be taxed under the provisions of Subchapter S of
the Internal Revenue Code beginning January 1, 2002. Under
those provisions, the Company does not pay federal corporate
income taxes on its income. Instead, the stockholders are
liable for individual income taxes on their respective share - of the Company’s taxable income. Accordingly, no provision has been made for federal income tax in these financial statements. State corporate tax is paid at a rate of 1.5% in
addition to the shareholders reporting the income of the
Company on their respective tax returns.
Any unused tax credit carryovers and net operating losses will be suspended and available for use if the Company reverts to a
C corporation.
See note 7 for book/tax income and timing differences.
See Accountant’s Review Report
-9-
,- INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
NOTES TO FINANCIAL STATEMENTS
For the Twelve months Ended December 31, 2003
-------------__
4. Related party transactions
The Company leases the Mentone office building and shop facilities from the shareholder. The buildings are on a five-
year lease with monthly lease payments of $9,750. The lease
expires December 31, 2004. The Company also leases a
substantial amount of its equipment from an entity controlled
by the sole shareholder.
At December 31, 2003, the Company had outstanding notes payable to its shareholder and affiliates in the amount of ~~ $1,592,465.
5. Statement of cash flows
Supplemental disclosures of cash flow information:
Cash paid for the current period for:
6.
7.
Interest Taxes
Concentration of credit risk
$ 54,904
3,429
The Company maintains a cash account in a commercial bank
that frequently exceeds the Federal Deposit Insurance Corporation (FDIC) limit of $100,000. Management monitors the
bank on a regular basis to ensure losses will not occur.
Book / Tax differences
The Internal Revenue Code provides for rapid depreciation methods that are not recognized generally accepted accounting principles, thereby creating a timing difference between taxable income per the corporate tax return and pre-tax income per the financial statements. The following is a reconciliation of book to tax income:
Taxable income per tax return $ 33,452 Depreciation difference 203,537 Other timing differences (9,222) Pre-tax income per financial statements $ 227,767
See Accountant's Review Report
-10-
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
NOTES TO FINANCIAL STATEMENTS
For the Twelve months Ended December 31, 2003
---------------
7. Book / Tax differences (continued)
The Company operates as an S Corporation, so the tax effect of the above timing differences are not recognized by the corporation but are recognized by the shareholders on their individual returns. Since the State of California does not recognize the special accelerated depreciation allowed on the federal return, there are no timing differences for the
state.
See Accountant’s Review Report
-11-
.-
SUPPLEMENTARY INFORMATION
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
SUPPLEMENTARY INFORMATION - SCHEDULE OF INCOME .......................
For the Twelve months Ended December 31, 2003
SALES
Sales
Discounts allowed
TOTAL NET SALES
GROSS PROFIT
$ 16,777,214
16,770,825 (6,389)
COST OF SALES
Material
Labor
Fuel Equipment lease Subcontractors Equipment rental Repairs and maintenance Damage claims Depreciation Dump fees Safety & first aid Supplies Subsistence Bids and bonding Plans and permits Payroll taxes Workers compensation insurance Miscellaneous TOTAL COST OF SALES
4,829,477 4,146,890 346,033 342,000 2,220,351 278,691 203,495 3,092 104,923 186,692 4,328 37,212 3,155 18,357 12,498 354,364 764,550 2,883 13,858,991
.-
GROSS PROFIT
-12-
$ 2,911,834
INTERNATIONAL
( An
PAVEMENT SOLUTIONS,
S Corporation) INC.
SUPPLEMENTARY INFORMATION - SELLING EXPENSES .......................
For the Twelve months Ended December 31, 2003
SELLING EXPENSES Advertising Commissions Sales salaries Payroll taxes Workers' comp insurance Automobile expense
TOTAL SELLING EXPENSES
$ 3,163
53,121
170,587
19,606 7,351
28,163
$281,991
-13-
INTERNATIONAL PAVEMENT SOLUTIONS, INC.
(An S Corporation)
SUPPLEMENTARY INFORMATION - OPERATING EXPENSES
For the Twelve months Ended December 31, 2003
.......................
OPERATING EXPENSES Automobile Amortization
Bad debts
Bank charges
Bonds
Collection expense
Dues and subscriptions
Education expenses
Insurance
Insurance - workers' comp
Interest expense Licenses Miscellaneous Office expense Payroll service Professional fees Postage Rent Repairs and maintenance S a 1 a r i e s
Shop expenses
Small tools Taxes - property Taxes - payroll Taxes - other
Telephone Travel and entertainment Uniforms Utilities
-
$ 44,227 6,232 5,579 2,938 33,371 168 7,815 575 306,576 7,585 54 , 904 30 , 134 44,898 26,941 9,738 225,374 9,715 125 , 514
9,097 473,462 73,790
32,543 5,064 35,121 5,541 69,116 34 , 014 6,750 33,464
TOTAL OPERATING EXPENSES $1,720,246
-14-
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BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. STS04003
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 hidher responsibility, experience and skill. An attachment can be used.
e Revised 10/08/03 Contract No. 04003 Page 18 of 70 Pages
~~~
Date Name and Address Name and Phone No. Type of Work Amount
Completed Contract
Contract of the Employer of Person to Contract Of
P.O. Box 10458, San Bernardino, CA 92423-0458 - (909) 794-2101 - 1 (800) 826-4163 - Fax: (909) 794-7098 Reference List - Public Works
San Bernardino County
385 N. Arrowhead
San Bernardino, CA 92415-0184
909-387-8907 Contact Shakil Patel, ALA
Numerous Projects
Asdmlt, Concrete, Seal Coat, Striping
And Bldg. Construction
Contract Range $8745.00 - $1 17,950.00
GSG Parking Lot ADA
$50,804.00 $35,786.00
Start 08- 15-02 Complete 08-28-02
Morongo Basin Parking Lot
Start 10-01-01 Complete 10-31-01
- Old Hall of Records Parking Lot
$1 17,950.00
Start 12-01 -02 Complete 1 - 10-03
Big Bear Justice Parking Lot
$33,950.00
Start 11-01-01 Complete 11-30-01
Crestline Sanitation Parking Lot
$8,750.00
Start 10- 15-0 1 Complete 10-3 1-01
Port of San Diego
P.O. Box 120488
San Diego, CA 921 12-0488
6 19-725-6086 Contact Jay Waelder or Cps Toosb
Gallagher Deficiencies - ADA Compliance
I Asphalt. Concrete, Construction Striping
Base Bid $90,064.00 c/o $24,770.95
Total Contract $1 14,834.85
“Your Complete Outdoor Maintenance Solution ’’
CA License #AI8729226 NV License #A0041 881 http://www.pavement-solutions.com
_-
Santa Rosa Community Services District
41 785 Enterprise Circle South
Temecula, CA 92589
909-296-31 76 Contact John Rogers, P. E.
Numerous Projects
Asphalt, Seal Coating, Striting
Contract Range $5258.25 - $170,192.80
Los Gatos Sunset Terrace
Base Bid $99,990.00 c/o $1 1,973.04
Total Contract $1 11,963.04
Start 01-05-02 Complete 01-31-02
Various District Roads
$5258.25
Start 04-15-02 Complete 04-28-02
Various District Roads
$50,975.00
Start 09-30-02 Complete 11-30-02
Slurry Seal Various Roads
Base Bid $170,192.80 c/o $4788.88
Total Contract $174,98 1.68
Start 10-01-02 Complete 10-31-02
Sandia Creek Drive
$162,970.00
Start 12- 15-02 Complete 1 - 15-03
City of Temecula
P.O. Box 9033
Temecula, CA 92589
909-694-6444 Contact Susan Jones
City Wide Concrete Repairs
Base Bid $61,433.00 c/o $4,378.50
Total Contract $65,8 1 1 .SO
Start 02- 15-02 Complete 02-28-02 -
Crafton Hills Community College
44100 8th Street
San Bernardino, CA 92408
909-389-3381 Contact Darrell Covin0
Parking Lot Repairs
Asphalt, Concrete, Seal, Striping
Base Bid $340,526.00 c/o $24,679.90
Total Contract $365,205.90
State of California - Patton State Hospital
3012 E. Highland Ave.
Highland, CA 92346
9 16-376- 1663 Contact Don Hansen
Parking Lot Repairs
Asphalt, Concrete, Seal, Striping, Construction
Base Bid $383,850.00 c/o $339,83 1.00
Total Contract $723,681 .OO
I City of Chino - Aguiar Plaza
Sixth & D St.
Chino, CA
909-59 1-983 1 Contact Mike Kolling
Plaza Renovation
Asphalt, Concrete Landscape, Striping
Base Bid $285,190.00 c/o $34,660.00
Total Contract $3 19,850.00
BRANCH OFFICES: - Redlands - Orange County - Nevada
- Palm Desert - San Jose -Arizona
Customer Name
Stater Brothers Markets Numerous On Going Projects
P.O. Box 150 $500.00 - $300,000.00
Colton, CA 92324
Contact: Mike McCasland
Phone: 909-783-5298
BRANCH OFFICES: - Redlands - Orange County - Nevada
- Palm Desert - San Jose -Arizona
Customer Name
Del Taco, Inc.
23041 Ave De La Carlota MOO
Laguna Hills, CA 92653
Contact: Charlie Rambell
Phone: 949-462-9300
P.O. Box 10458, San Bernardino, CA 92423-0458 - (909) 794-2101 - 1 (800) 826-4163 - Fax: (909) 794-7098
pwtomer Name
Lee and Associates
Ontario, CA 91764
Contact: Douglas Earhart, Sr.
Phone: 909-989-777 1
3 53 5 Inland Empire Drive
Reference List
Customer Name
Hollywood Park Numerous Projects
Inglewood, CA 90301
Contact: Clen Bounds
Phone: 310-419-1618
1050 South Prairie $15,000.00 - $350,00.00
Total - $1,000,000.00
Private Projects
Pic0 Rivera Pallets Inc.
240 E. Conmess St.
Start Date 09-01-02
ComDlete 09-28-02
Colton, CA 92324
Contact: David Avina *
I Customer Name I Asphalt, Concrete, Landscape, & Striping I
Base Contract $614,470.00 c/o $6,500.00
Total Final Contract $620.974.00 I Phone: 909-232-0591 I I
“Your Complete Outdoor Maintenance Solution’’
CA License #A/8729226 NV License #A0041881 http://www.pavernent-solutions.com
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
CONTRACT NO. STS04003
CURB, GUTTER 8t 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:
Q/Comprehensive General Liability
VAutomobile Liability
Aorkers Compensation
0 Employer’s Liability
2) Statement with an insurance carrierk 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.
I
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.
e.
a Revised 10/08/03 Contract No. 04003 Page 19 of 70 Pages
ACORQ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYW)
05/26/2004
(909)792-2345 FAX (909)792-0159
Beall Insurance Services
130 W. Vine Street
Jedlands, CA 92373
*#.JURED INTERNATIONAL PAVEMENT SOLUTIONS, INC.
P. 0. BOX 10458
SAN BERNARDINO, CA 92423
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAlC #
lNSURERA: LANDMARK AMERICAN INSURANCE CO. 85662
lNSURERB: AMERICAN STATES INSURANCE CO. 19704
lNSURERC: ALASKA NATIONAL INSURANCE CO 38733
INSURER D:
INSURER E:
I
X ]Deductible $5000.
GENL AGGREGATE LIMIT APPLIES PER: 1 pq ygi n LOC
AUTOMOBILE LIABILITY
x ANYAUTO - - ALL OWNED AUTOS
SCHEDULED AUTOS -
- x HIREDAUTOS
COMBINED SINGLE LIMIT (Ea accident) $
1,000,00
c
GARAGE LIABILITY
ANY AUTO
EXCESSIUMBRELLA LIABILITY 7 OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
ANY PROPRlETORlPARTNERlEXECLJTIVE OFFICEWMEMBER EXCLUDED?
If yes. describe under SPECIAL PROVISIONS below
OTHER
COVERAGES - - . -. - . - - -
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMBER LIMITS
EACH OCCURRENCE $ 1,000,00~ T
MED EXP (Any one penon) S Exclude'
PERSONAL & ADV INJURY $ 1 .o 0 0 .o 0,
08/13/2004 GENERAL LIABILITY 10/06/2003
08/13/2003
LHAl2 40 12
01CG215921-20
A
-
08/13/2004
BODILY INJURY (Per penon)
IB BODILY INJURY (Per accident)
PROPERW DAMAGE (Per accident) I X NON-OWNED AUTOS M
AUTO ONLY - EA ACCIDENT I $
OTHER THAN EA AcCTa
AGG I $ AUTO ONLY
I
EACH OCCURRENCE 1%
AGGREGATE IS
IS
$
IS
WG sm- TORY LIMITS ER
I OIH- 08/13/2004 07/29/2003 03GWD40057
E.L. EACH ACCIDENT
1 ESCRlPTlON OF OPERATIONS I LOCATIONS I VEHl ITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED TO THE
.ES I EXCLUSIONS ADDED BY ENDOR! MENT I SPECIAL PRI lSlONS
ENERAL LIABILITY PER ATTACHED CC 2010 11/85 AND TO THE AUTO PER ATTACHED CA 7135 12/93 WITH RESPECTS
0 CONTRACT YSTS04003, CURB, GUTTER, & SIDEWALK REPLACEMENT. COVERAGE IS PRIMARY AS RESPECTS THE CITY,
TS OFFICIALS, EMPLOYEES AND VOLUNTEERS.
FOR 10 DAYS NOTICE FOR NON-PAYMENT.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
I- CITY OF CARLSBAD
PURCHASING DEPARTMENT
1635 FARADAY AVE.
CARLSBAD, CA 92008-7314
_9_uL DAYS WRITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
0 A nA AUTHORIZED REPRESENnllVE, 0
@2 Richard Beall UUd L2
OACORD CORPORATION 1988 ACORD 25 (2001108)
*--
CG 20 10 11/85
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
BLANKET - PRIMARY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL
INSURED.
c
ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE OBLIGATED BY VIRTUE OF A
WRITTEN CONTRACT OR BY THE 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 this endorsement will be shown in the Declarations as
applicable to this endorsement)
WHO IS AN INSURED (Section 11) is amended to include as an 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 CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY
SHALL BE PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION 4. OTHER INSURANCE DOES
NOT APPLY, BUT ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY.
This endorsement effective 10/06/2003
Forms part of Policy Number:
Issued to:
(CG 2010 1185)
,-
LHA124012
International Pavement Solutions. Inc.
Includes Copyrighted material of Insurance Services Office, Inc. 1984
with its permission
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Endorsement effective:
05-26-04
ADDITIONAL INSURED
Policy Number: 01 CG215921-20
Policy Period: at1 3103 - ai1 3/04
CA 71 35 12 93
Named Insured:
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
Countersigned by:
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified
by the endorsement.
International Pavement Solutions, Inc. Richard Beall
,.,-
(Authorized Representative)
Schedule:
Address:
City of Carlsbad, Its Officials, Employees, and Volunteers
1635 Faraday Ave. Carlsbad, CA 92008-73 14
( If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the person(s) or organization@) shown in the Schedule, but only with respect to "bodily injury" or
"property damage" resulting from the acts or omissions of:
1. You;
2.
3.
Any of your employees or agents;
Any person, except the additional insured or any employee or agent of the additional insured,
operating a covered "auto" with the permission of any of the above.
B. The insurance afforded by this endorsement does not apply:
To "bodily injury" or "property damage" arising out the sole negligence of the person(s) or
organization(s) shown in the Schedule.
CA 71 35 12 93
I-
-
BIDDER'S STATEMENT RE DEBARMENT
CONTRACT NO. STS04003
(To Accompany Proposal)
CURB, GUTTER & SIDEWALK REPLACEMENT
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
2) If yes, what waslwere the name(s) of the agency(ies) and what waslwere the period(s) of
debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
Lp(r-0luA.c Pfwmwr &UmPtf 5 =.
(name of Contractor)
t
By: &dU
(sign hew
(prid nameltitle)
7&3- /vz&&s
Page I of ' pages of this Re Debarment form
e Revised 10/08/03 Contract No. 04003 Page 20 of 70 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
Contractors are required by law to be licensed and regulated by the Contractors’ State License
Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a
patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the
date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period? /
Has the suspension or revocation of your contractors license ever been stayed? /
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?
Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the r been stayed?
Yes no
If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
/ Page I of pages of this Disclosure of Discipline form
Revised 10/08/03 Contract No. 04003 Page 21 of 70 Pages
,
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CON TIN U ED)
(To Accompany Proposal)
CONTRACT NO. STS04003
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.
I
I
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
~EWATI OML +!Memwr &!ZUWS ZX.
(name of Contractor) *
BY - - &cQ
I (sign here)
(print name/title) I
Page * of - pages of this Disclosure of Discipline form
a Revised 10/08/03 Contract No. 04003 Page 22 of 70 Pages
.--
-. .
.
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
State of California 1
County of &+L
mwfs e- El&&& , being first duly sworn, deposes
(Name of Bidder) d
and says that he or she is &/Dew- / Lc &e@
/(Title)
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 penal perjury that the for g ing is true and correct and that this affidavit was
executed on the /$a dayof ,& IL ,20q4L.
hw
Signature of Bidder
Subscribed and sworn to before me on the /9 & day of L
Revised 10/08/03 Contract No. 04003 Page 23 of 70 Pages
_- CONTRACT
PUBLIC WORKS
This agreement is made this 1 k&, day of l2OO_ct:
by and between the City of Carlsbad, California, a municipadkorporation, (hereinafter called "City")l
and INTERNATIONAL PAVEMENT SOLUTIONS whose principal place of business
(hereinafter called "Contractor").
is P 0 BOX 10458, RFW- CA 9343.1
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
CONTRACT NO. STS04003
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.
1
Contractor, herlhis 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
@ Revised 10/08/03 Contract No. 04003 Page 24 of 70 Pages
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
x
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall promptly,
and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
- City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests hetween 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,
Revised 10/08/03 Contract No. 04003 Page 25 of 70 Pages
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all costs and expenses including attorneys’ fees for litigation,
arbitration, or other dispute resolution method.
rc1
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.
IO. 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.
c_
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence
for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in
the amounts specified shall be established for the risks for which the City or its agents, officers or
employees are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto“
and cannot be limited in any manner.
c. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(6) 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
Revised 10/08/03 Contract No. 04003 Page 26 of 70 Pages
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.
I
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
-
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91403.
(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
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
a Revised 10/08/03 Contract No. 04003 Page 27 of 70 Pages
.- -- ~~ -~
in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
I
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above. init init
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1,
Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's
principal place of business as specified above, Contractor shall so inform the City by certified
letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
I
Revised 10/08/03 Contract No. 04003 Page 28 of 70 Pages
13. Labor Code Provisions. The provisions of Part 7, Chapter 1 , commencing with section 1720
of the Labor Code are incorporated herein by reference.
c
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
i (CORPORATE SEAL)
CONTRACTOR:
mwmi Qd & +&& lh6fl SOkTIDds mc.
(name of Contractor)
b
By:
ATTEST:
&uh4,s c. plge&e, PeEs./m*s.
(print name and fitle)
By:
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:
Revised 10/08/03 Contract No. 04003 Page 29 of 70 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
c State of California
County of SanBernardino
On May27,2004 before me, Nancy Escobedo, Notary Public 1
Date NUW a Ti d ORDa (e& 'Jane Doe, Notsy Public")
personally appeared Dennis C. Rieger and Brent C. Rieger I Wame(s) of Signer@)
€4 personally knownto me- OR-na to be the penom whose name0 islam subscribed to the within instrument
and acknowledged to me that he/&e#&ey executed the
same in hi- . authorized capacity@& and that by hisherfthh signature(@ on the instrument the person(+,
or the entity upon behalf of which the personw acted,
executed the instrument.
WITNESS my hand and offcial seal.
7 --
OPTIONAL
Though the mbmation beh is not requried by law, it may pm valuable to persons m@ng on the ctlcumeni and couldpmvent
liauckrht mmwal and reett8chment of this bm to another document.
Description of Attached Document "A
Title or Type of Document:
Document Date: May27, 2004 Number of Pages: 70
Signer(s) Other Than Named Above:
Contract
Capacity(1es) Claimed by Signer(s)
Signer's Name: Dennis c.
0 Individual
€4 Corporate Officer
0
[XI Attorney-i n- Fact
0 Trustee
mtle(s): Presidenflrmurer - 0 Limited 0 General
0 Guardian or Conservator 0 Other: iumb h
L Signer Is Representing:
International Pavement Solutions Inc.
0 Individual
[XI Corporate Offtcer
0 Attorney4 n- Fact
0 Trustee 0 Guardian or Conservator n Other: I TOP of thumbherel I I - .. . -. .
I I Signer Is Representing:
International Pavement Solutions
Inc.
,cI.. RONALD R. BALL
City Attorney
By:
Revised 10/08/03 Contract No. 04003 Page 30 of 70 Pages
LABOR AND MATERIALS BOND BOND #620982i
Premium: Included
WHEREAS, the City of Carlsbad, State of California, has awarded to
PAVEMENT SOLUTIONS , (hereinafter designated as the "Principal"), a Contract for:
INTERNATIONAL
CONTRACT NO. STS04003
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, INTERNATIONAL PAVEMENT SOLUTIONS , as Principal, (hereinafter
designated as the "Contractor"), and Safeco Insurance Company of America as Surety,
are held firmly bound unto the City of Carlsbad in the sum of FORTY-SEVEN THOUSAND, FIVE
HUNDRED NINETY-FOUR Dollars ($ 47.594.00 ), said sum being an amount equal to: One
hundred percent (100%) of the total amount payable under the terms of the contract by the City of
Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors
and administrators, successors, or assigns, jointly and severally, firmly by these presents.
I
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
I 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.
4- ts Revised 10/08/03 Contract No. STS04003 Page 31 of 70 Pages
Executed by CONTRACTOR this 24th
day of May ,20%.
CONTRACTOR:
International Pavement Solutions, Inc.
Executed by SURETY this 24th day
of *Y ,20=.
SURETY:
Safeco Insurance Company of America
(name of Contractor)
Dennis C. Rieger
(print name here)
President
(title and organization of signatory)
By: (sign&E)
Brent C. Rieger
(print name here)
(name of Surety)
130 W. Vine Street. Redlands. CA 92373
(address of Surety)
(909) 792-2345
(tplephone number of 2urety)
By: VAttorney-in-Fact)
Karen J. Biornestad
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
Secretary
(title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
e- t# Revised 10/08/03 Contract No. STS04003 Page 32 of 70 Pages
POWER
? A E Ow OFATTORNEY
wi 24th dayor May 2004
CHRISTINE MEAD. SECRETARY
Q A registered lradernarlr 01 SAFECO Cwporalon
- -
..OTARY ACKNOWLEDGMEh
Signer is Representing:
1 State of California
County of San Bernardino
On May 24,2004
personally appeared Karen J. Bjornestad
[XI personally known to me -0R-
before me, Gabrielle B. Fulton, Notary Public
Date Name and Title of Officer (e.g. "James Doe, Notary Public)
Name(@ of Signer(r)
0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
P
Description of Attached Document
Title or Type of Document: Labor and Materials Bond
~
Document Date: May 24,2004 Number of Pages: 2
Signer(s) Other Than Named Above: Dennis C. Rieger, Brent C. Rieger
Capacity(ies) Claimed by Signer(s)
Signer's Name: Karen J. Bjornestad
0 Individual 0 Corporate Officer
Title(s):
Partner 0 Limited
Attorney-in-Fact
0 General
0 Trustee
Guardian or Conservator 0 Other:
Signer is Representing:
Safeco Insurance Company
of America
-
Signer's Name:
[7 Individual 0 Corporate Officer
Title(s): .. 0 Partner 0 Limited General
American LegalNet, Inc. 1 w.USCourtForms.com I
4 ,---
CALlFOf .A ALL-PURPOSE ACKNOWL, ,GMENT
State of California
County of San Bemardino
On May26,2004 before me, Nancy Embedo, Notary Public I
personally appeared Dennis C. Rieger & Brent C. Rieger I
€3 personally known to me - OR - 0 1 to be the personfs) whose name@ islafe subscribed to the within instrument
and acknowledged to me that helskeELkey executed the
same in hi- . authorized capacity- and that by
his- signaturew on the instrument the person(+,
or the entity upon behalf of which the personw acted,
executed the instrument.
WITNESS my hand and official seal.
Me Nane and Ttte of ORiCer (e g.. 'Jam Doe. No(sv Pale")
Name@) of Signefls)
J w-4 (/ Slgnatllred~PlJbIlC
OPTlONA L
Though the inhnation below is not requirsd by kw, it rnaypmw valuabk to persons reiying on the dcurnent end could prevent
fraudulent mmoval and mttachment of this brm to another document.
Description of Attached Document
Title or Type of Document: Faithll Perf,/ War. Bond
Document Date: May24, 2004 Number of Pages: 2
Signer(s) Other Than Named Above: Karen J. Bjornestad
Capacity(1es) Claimed by Signer(s)
Signer's Name: Dennis c. s%er
0 Individual
€3 Corporate Officer Title(g): PresidedTreaSurer
0 Partner - 0 Limited 0 General Attorney-in-Fad
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
_- International Pavement Solutions Inc. A
Signets Name:
0 Individual
€3 Corporate Officer
0 Partner - 0 Limited 0 General 0 Attorney-i n- Fact
0 Trustee 0 Guardian or Conservator 0 Other:
Title(s): v. hS./SeC.
Signer Is Representing:
International Pavement Solutions
InC.
I
id #6209821
rremium $952.00
FAITHFUL PERFORMANCENVARRANTY BOND
WHEREAS, the City of Carlsbad, State of California, has awarded to INTERNATIONAL
PAVEMENT SOLUTIONS , (hereinafter designated as the "Principal"), a Contract for:
CONTRACT NO. STS04003
CURB, GUTTER & SIDEWALK REPLACEMENT
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, INTERNATIONAL PAVEMENT~~SOLUTIONS , as Principal, (hereinafter designated as the "Contractor"), and Safeco Insurance Company of America , as Surety,
are held and firmly bound unto the City of Carlsbad, in the sum of FORTY-SEVEN THOUSAND,
FIVE HUNDRED NINETY-FOUR Dollars ($ 47,594.00 ), 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.
'4 Revised 10/08/03 Contract No. STS04003 Page 33 of 70 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 24th Executed by SURETY this 24th day of
04 day of May 1 20-. May T 20.- 04
CONTRACTOR: SURETY:
International Pavement Solutions, Inc.
(name of Contractor)
8
By:
(sign tferw
Dennis C. Rieger
(print name here)
President
(Title and Organization of Signatory)
Safeco Insurance Company of America
(name of Surety)
130 W. Vine Street, Redlands, CA 92373
(address of Surety)
(909) 792-2345
(telephone number of Surety)
By:
(kignatu@#t@mey-in-Fact)
Karen J. Bjornestad
(printed name of Attorney-in-Fact)
Brent C. Rieger (Attach corporate resolution showing current
(print name here) power of attorney.)
Secretarv
(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 Attarney \
POWER A E OFATTORNEY
~colEJsuRAKTt4MpANYoFAuERlcA GE- WSLlRANCECOLPANYOFAMERlU
HOME OFFIQ: SUECORAU SEATTLE, WASHINGTON OilleS
2004 wi 24th dayor May
CHRISTINE MEAD, SECRETARY
QA registered bademah 01 SAFECO Cwporaliin
- c
IdOTARY ACKNOWLEDGMEN I
c
State of California
County of San Bernardino
On May 24,2004
personally appeared Karen J. Bjornestad
before me, Gabrielle B. Fulton, Notary Public
Date Name and Title of Omcer (e.g. "James Doe, Notary Public)
Name@) of Signer(r)
Ix] personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. -
Description of Attached Document
Title or Type of Document: Faithful Performance Bond
Document Date: May 24,2004 Number of Pages: 2
Signer(s) Other Than Named Above: Dennis C. Rieger, Brent C. Rieger
Capacity(ies) Claimed by Signer@)
Signer's Name: Karen J. Bjornestad
0 Individual
Corporate Officer
0 Partner 0 Limited
Ix] Attorney-in-Fact
Title(s): 0 General
-
Top of thumb here 1 u Trustee 0 Guardian or Conservator 0 Other:
I I I Signer is Representing:
c I I Safeco Insurance Company
I I of America
Signer's Name:
0 Individual 0 Corporate Officer
0 Partner 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee n Guardian or Conservator
Title(s):
0 Other: Top of thumb here
Signer is Representing:
I I
www.USCourtForms corn
I
- -
CALIFOC, .iA ALL-PURPOSE ACKNOWLLJGMENT
State of California
County of San Bemardino
On May26,2004 before me, Nancy Escobedo, Notary Public t
Date Nameand Ti MOfiicer(e g , 'Jane Doe, Notay Pllblie")
personally appeared Dennis C. Rieger & Brent C. Rieger I
personally known to me - OR -0 1 to be the persono
whose namefs) islam subscribed to the within instrument
and acknowledged to me that he/6#m&bey executed the
same in hi- . authorized capacity@e& and that by
hishedthew . signatureo on the instrument the person(+,
or the entity upon behaif of which the person@) acted,
WITNESS my hand and official seal.
Name(s) OF SigRer(s)
sa 7 Ah...=%
NANCY ESC- executed the instrument.
CornrnissiGn # 1289339
Notary Public - California g
Son Bemardino County
My Ccmm. fixpks h31.aa15 -.
lpgtLva d Nctary Publlc
OPTIONAL
c
Though the infomation bebw is not required by law, it tnaypmw valuabb to persons n?!ying on the d~umni and could prevent
hudu&nt mrnoml and mattachment dUds fwm b anofher dccument.
Description of Attached Document
Title or Type of Document: Labor and Materials. Bond
Document Date: May24, 2004 Number of Pages: 2
Signer(@ Other Than Named Above: Karen J,Bjomestad
Capacity(1es) Claimed by Signer(s)
Signer's Name: Dennis c.
0 Individual IXI Corporate Officer rtle(s): President/Treasurer
0 Partner - 0 Limited 0 General Attorney-in-Fad
0 Trustee 0 Guardian or Conservator 0 Other:
Signer Is Representing:
International Pavement Solutions Inc. I-
Signer's Name:
0 Individual
IXI Corporate Officer
0 Attorney4 n- Fact
0 Trustee 0 Guardian or Conservator 0 Other: vb here
Signer Is Representing: I International Pavement Solutions
Inc.
... ~ .. . -. ...
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is
hereinafter called
"Contractor" and whose address is
hereinafter
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the
Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for:
CONTRACT NO. STS04003
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. a Revised 10/08/03 Contract No. 04003 Page 35 of 70 Pages
rc
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to
withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent
shall immediately convert the securities to cash and shall distribute the cash as instructed by the
City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete
and that the Contractor has complied with all requirements and procedures applicable to the
Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon
disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant
to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow
Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and
interest as set forth above.
Ill ,-
Ill
Ill
<$ Revised 1OlO8103 Contract No. 04003 Page 36 of 70 Pages
c 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:
11.
For City:
For Contractor:
For Escrow Agent:
*-
Title FINANCE DIRECTOR
Name
Signature
Add res s
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
Ill
111
111
Ill
Revised 10/08/03 Contract No. 04003 Page 37 of 70 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title MAYOR
Name
Signature
Address
For Contractor:
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
Revised 10/08/03 Contract No. 04003 Page 38 of 70 Pages
SUPPLEMENTAL PROVISIONS
FOR
CURB, GUTTER & SIDEWALK REPLACEMENT
CONTRACT NO. STS04003
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or
words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the Public Works Manager
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
Public Works Manager," unless stated otherwise.
c
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such
words of similar import are used, it shall be understood such words are followed by the expression
"in the opinion of the Public Works Manager", 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 Public Works Manager 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.
@ Revised 10/08/03 Contract No. 04003 Page 39 of 70 Pages
City Council -the City Council of the City of Carlsbad.
- City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Deputy Public Works Director - The Public Works Manager'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 hidher approved
representative. The Public Works Director is the third level of appeal for informal dispute resolution.
Public Works Manager - the Public Works Manager 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 and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm. .................................... Commercia.1
DR .......................................... Dimension .Ratio
E ............................................. Electric
G ............................................ Gas
gal .......................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ....................................... Ground Not Visible
gpm ......................................... allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
-
Revised 10/08/03 Contract No. 04003 Page 40 of 70 Pages
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit District
OHE ....................................... Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD .................................. San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
WD ....................................... 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
hearing before the City Council and shall be notified ten (IO) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
- provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
24 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 ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
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 performancelwarranty 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 Public Works
Manager. 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.
Revised 10/08/03 Contract No. 04003 Page 41 of 70 Pages
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
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 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 Isheet. 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 Public Works Manager). Each sheet of each submittal shall be
consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter
of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Public Works Manager's review, Shop Drawings shall bear the Contractor's
certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that
they are in conformance with the requirements of the Contract Documents. The Contractor shall
subscribe to and shall place the following certification on all submittals:
Revised 10/08/03 Contract No. 04003 Page 42 of 70 Pages
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval." -
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Public Works Manager within ten (IO) days of
completion of the work. Payment for performing the work required by section 2-5.4 shall be included
in the various bid items and no additional payment will be made 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 Public - Works Manager may request.
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Public
Works Manager, 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 Public
Works Manager 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 Public Works Manager may deem
necessary, upon reasonable advance notice, Contractor shall make available to the Public Works
Manager 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 Public Works Manager 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.
Revised 10/08/03 Contract No. 04003 Page 43 of 70 Pages
SECTION 3 -- CHANGES IN WORK
c 34 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 Manager, 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 Public Works Manager 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 Public Works Manager 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.
I 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 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Public Works Manager 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 Public Works Manager at the earliest possible time in order
that such matters be settled, if possible, or other appropriate action promptly taken.
c 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
Revised 10/08/03 Contract No. 04003 Page 44 of 70 Pages
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. Public Works Supervisor
2. Public Works Manager
3. Deputy Public Works Director
4. Public Works Director
5. City Manager
The Contractor shall submit a comple.2 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 IO working days of receipt of said claim or appeal of claim, review
the Contractor's report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor's presentation of its report. The Contractor may appeal each level's position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
othetwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991. -
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
@ Revised 10/08/03 Contract No. 04003 Page 45 of 70 Pages
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)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which 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. (9 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.
I
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)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
-
Revised 10/08/03 Contract No. 04003 Page 46 of 70 Pages
notwithstanding Section 1141 .I 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good cause, determines a different division.
In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) 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 Public Works Manager 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
Public Works Manager with such information as may be necessary to keep the Public Works
Manager 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 Public Works Manager, the source of supply of each of the materials shall be
approved by the Public Works Manager 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 e Revised 10/08/03 Contract No. 04003 Page 47 of 70 Pages
shall furnish approved material from other approved sources. If any product proves unacceptable
after improper storage, handling or for any other reason it shall be rejected, not incorporated into the
work and shall be removed from the project site all at the Contractor’s expense.
Compaction tests may be made by the Public Works Manager 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 Public Works Manager. 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 Public Works Manager, the
substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility
with associated items, availability of repair parts and suitability of application the Contractor shall
remove the substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Public Works Manager 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 Public Works Manager 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
Revised 10/08/03 Contract No. 04003 Page 48 of 70 Pages
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 Public Works Manager’s
approval, may be permitted to temporarily omit the portion of work affected by the utility. If such
temporary omission is approved by the Public Works Manager the Contractor shall place survey or
other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the
utility agency or company. Such temporary omission shall be for the Contractor’s convenience and
no additional compensation will be allowed 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
Public Works Manager.
-
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 5 calendar days after receipt of the “Notice to Proceed”.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Public Works
Manager 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.
c
Add the following section:
6-1 .I .I 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.
B.
All pavement, root and other material removal shall conform to Section 300-1 of the SSPWC
and to these special provisions.
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
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Revised 10/08/03 Contract No. 04003 Page 49 of 70 Pages
will be made therefore. The extent of the pavement removals will be marked in the field by
the Project Inspector.
-- C.
D.
E.
All removals shall become the responsibility of the Contractor and shall be disposed of at a
legal recycling site.
Removal, cutting and clearing of all tree stumps and roots shall be the responsibility of the
Contractor.
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.
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.
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.
F.
G.
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.
The repair of the driveway aprons shall be included under the driveway bid item. B.
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 [esidential 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-7-1 and G-14-1.
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.
Base material under sidewalks, curbs, gutters and driveway approaches shall be compacted
prior to the new installation.
Asphalt repairs at curb and gutter, and crossgutter locations will be done by the City of
Carlsbad, Street Maintenance Division.
D.
E.
F.
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
Revised 10/08/03 Contract No. 04003 Page 50 of 70 Pages
manufacturer’s specifications, provided by the City, and the Utilities and Maintenance
Director.
CLEAN-UP -
A.
B.
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.
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.
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 six sack mix concrete.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within 60 working days after the starting date specified in the Notice to Proceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Public Works
Manager, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the
Public Works Manager 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 Public Works Manager may approve work outside the hours and/or days stated herein
when, in hislher 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
Public Works Manager 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
Public Works Manager 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
Public Works Manager’s judgment, the Work has been completed and is ready for acceptance the
Public Works Manager will so certify to the Board. Upon such certification by the Public Works
Manager the Board may accept the completed Work. Upon the Board’s acceptance of the Work the
Public Works Manager 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
@ Revised 10/08/03 Contract No. 04003 Page 51 of 70 Pages
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.
x
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State
requirement for workers’ compensation insurance.
7-5 PERMITS.
.- Except as specified herein the Contractor will obtain from the agency,
encroachment, right-of-way, grading, resource agency and building
Compensation Fund meet the
at no cost to the Contractor, all
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 Public Works Manager, 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 Public Works Manager may require increased levels of
cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety
and welfare of the public. Cleanup and dust control shall be considered incidental to the items of
work that they are associated with and no additional payment will be made therefor.
-
a Revised 10/08/03 Contract No. 04003 Page 52 of 70 Pages
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 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 Public Works Manager 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:
7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory
signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traveled way and
from the view of motorists in the traveled way or shielded from the view of the traveling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the use of
power equipment. Warning and advisory signs that are used only during working hours may be
portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
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Revised 10/08/03 Contract No. 04003 Page 53 of 70 Pages
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
Public Works Manager.
-.
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 Public Works Manager 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 Public Works Manager or for the work
of installing, maintaining and removing traffic control devices. As a condition of such waiver the
Public Works Manager 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.
I_
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
Public Works Manager, 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 Public Works Manager. The Contractor shall not
-
Revised 10/08/03 Contract No. 04003 Page 54 of 70 Pages
start traffic striping operations using an alternative plan until the Contractor has submitted its plan to
the Public Works Manager and has received the Public Works Manager'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 Public Works
Manager's review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Public Works Manager's approval of the TCP prior to implementing them. The minimum 20 day
review period specified in section 2-53.? for shop drawings and submittals shall pertain to each
submittal of TCP, new, modified or added to, for the Public Works Manager's review. New or revised
TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the
TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve
radii, stationing of features affecting the traffic control plan and the methodology proposed to
transition to the subsequent TCP phase. When the vertical alignment of the 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 Public Works Manager
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 Public Works Manager shall be the sole judge of the suitability and quality of
any such modifications, supplements, and/or new designs to TCP. The Public Works Manager may
approve any such modifications, supplements, and/or new designs to the TCP when, in the Public
Works Manager'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 Public Works Manager. 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.
c /
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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 Public Works Manager. 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.
@ Revised 10/08/03 Contract No. 04003 Page 55 of 70 Pages
c
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
-
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT. -
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion’’
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each
month, the Public Works Manager will make an approximate measurement of the work performed to
the closure date as basis for making monthly progress payments. The estimated value will be based
on contract unit prices, completed change order work and as provided for in Section 9-2 of the
Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30)
calendar days after the closure date. Five (5) working days following the closure date, the Public
Works Manager shall complete the detailed progress pay estimate and submit it to the Contractor
for the Contractor’s information. Should the Contractor assert that additional payment is due, the
Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental
payment request to the Public Works Manager with adequate justification supporting the amount of
supplemental payment request. Upon receipt of the supplemental payment request, the Public
Works Manager shall, as soon as practicable after receipt, determine whether the supplemental
payment request is a proper payment request. If the Public Works Manager 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 Public Works Manager, then
the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of
Section 685.01 0 of the Code of Civil Procedure.
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Revised 10/08/03 Contract No. 04003 Page 56 of 70 Pages
Add paragraph 6 et seq. as follows: After final inspection, the Public Works Manager 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 Public Works Manager and
shall be itemized by the contract bid item and change order item with quantities and payment
amounts and shall show all deductions made or to be made for prior payments and amounts to be
deducted under provisions of the contract. All prior estimates and progress payments shall be
subject to correction in the Final Payment Estimate.
--
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Public Works Manager will review the disputed item within 30 calendar days and make any
appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not
approved by the Public Works Manager will be subject to resolution as specified in subsection 3-5,
Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Public Works
Manager to ascertain the basis and amount of said disputed items. The Public Works Manager 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 Public Works
Manager 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 Public Works Manager to
ascertain the basis and amount of said claims. The Public Works Manager 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 Public Works
Manager 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 Public Works Manager. The Contractor shall proceed with informal dispute
resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. I
Revised 10/08/03 Contract No. 04003 Page 57 of 70 Pages
_-
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APPENDIX “B”
RESIDENT NOTIFICATION EXAMPLE
I
CITY OF CARLSBAD
ROAD WORK
-. ABC CONTRACTORS
OFFICE # (76O)XXX-XXXX
Dear resident As a part of the City of Carlsbad‘s ongoing program to maintain its infra. structure, sidewalk on you street will be removed and replaced. Thi~ construction will require the closig access to your driveway for one day Your street, from XMSt. to XnAve. will be aflected on:
from 7mA.M. to 500 P.M. tf you don’t plan to leave your home by 7XXl A.M. on ihe ab datf please park your car on the street so that you will not need to cross thc
sidewalk. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Cartsbad Street Malntenance Depart. ment. When walking to and from your car, remember not to walk on thc newty poured sidewalk. Please do not drive, walk on, walk pets, play, 01 skate on the newly poured concrete. Also, please refrain from waterin$ 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 resurfachg work fa the city and you may call them at
(760)XXX-XXXX if you have any questions regarding the project. Rewrs facing of your street wlll not occur on the day your trash Is collected. Mal
delivery may be delayed if the postman cannot reach the mailbox tha
day. If you have a moving company scheduled for that day please cal and inform the Contractor of the date. If you have any concerns whict cannot be addressed by the Contractor, you may call the City‘s Stree
Maintenance Department at (760) 434-2980. Thank you for your cooperation as we work to make a better City o Carisbad.
MON. TUE. WED. THU. FRI. DATE
Revised 10/08/03 Contract No. 04003 Page 61 of 70 Pages
Typf so. n.
G 24' 1.34 €€€I H 50' 1-61
SAN MEGO REGIONAL STANDARD DRAWING XICINK fKb-1 12/75 I
I CUR8 AND GUTTER - COMB' ZD
NOTES
I. concrete shall be 520-C3250 2. Soe Stondord Dmu' 5. Slope top of curb 74D per foot toward street. G-10 (01 joint &toils.
REcQuLwwDw~smmDlEm CoYurm
ck'&pd.On R.C.L 19246 kt8
DRANNC c-9
LEGEND ON PIANS-
e-
Revised 10/08/03 Contract No. 04003 Page 62 of 70 Pages
Rcvih By wwcd 'Do'e*
tNM Kmhwal 12/75 SAN WEGO REGIONAL STANDARD DRAWING
MONOLITHIC CURB,
I ' GUTTER AND SIDEWALk
e Revised 10/08/03 Contract No. 04003 Page 63 of 70 Pages
mcmUcmmm'MSU1OrOl SWLWDS -RlpE
* Ch&pdra RCE. 1911 ODII 2:' 6-3
SIDEWALK - TYPICAL SECTIONS
@ Revised 10/08/03 Contract No. 04003 Page 64 of 70 Pages
.. .
8 N
CONCRETE JOINT OETAll
Revised 10/08/03 Contract No. 04003 Page 65 of 70 Pages
I SIDEWALK PLAN I
I SIO0NAl.K SECTION I
I I I I
I.
REMOVAL AND REPLACEMENt
e Revised 10/08/03 Contract No. 04003 Page 66 of 70 Pages
I raporate pours ora made
PUN
a Revised 10/08/03 Contract No. 04003 Page 67 of 70 Pages
I
I i
Bottom of curb
REV" 12' R (typ.)
1. No conqete tho# be pbcad until form ond tubgrade ore inspected by the Agency.
2. Conuete shall k 520-C-'3250
5. Sea Stondord Drawings G-15 and G-16 for width ond locoticM requirements
4. hwoy romp to extend to 10 feet from curb foce or lo property line whichever is
5. See Stondard Dmwings G-2 onU G-10 for curb and joint &toils.
less. (for commerciol drivewoys only)
CONCRETE DRIVEWAY
.. .
I (Cont' iguous Sidewalk1
a Revised 10/08/03 Contract No. 04003 Page 68 of 70 Pages
R/W
2:1 Transition
m
1. No concrata shoU be plocad untif forms ond subgmde are inspected by the Agency,
2. Concrete rho11 be 520-C-3250
3. See Stondord Omwings G-15 ond G-16 for width ond locotion requirements
4. Driveway romp to extend to 10 feet fmm curb foct or to property line wlGchever is
5. See Stondord Omwings G-2 ond G-10 for curb ond joint detoilt.
h. (For commcrcid driveways only)
~ Rerism ApprcMd SAN DIEGO REGIONAL STANDARD DRAWING -
I CONCRETE DRIVEWAY
(Non-contiguous Side walk, ill IlLal
Revised 10/08/03 Contract No. 04003 Page 69 of 70 Pages
^^
Revision By M'd
?RK;INK R. MuMn
I
NOTES
1. No concrete sholl be ploeed until forms ond subgmde ore intpKtrd by the +cy.
2. Concrete shoU be 520-C-3250
3. See Stondord Drawings G-15 and (3-16 for width ond tocotion nquimmts
4. Drivewoy romp to extend to 10 feet from curb foe or to property line whichever is
5. See Stondord DmwinQs C-2 ond C-10 for curb and joint detoils.
Ism. (For commercial drivewoyt only)
llEDOVYnOEDrwwDccr Oote SAN MEGO REGIONAL STANDARD DRAWING ~~~ST~S~nU 4197
th'oirp.hon R.C.E. 19248 Dole RESDENTIM CONCRETE DRIVEWAY
a Revised 10/08/03 Contract No. 04003 Page 70 of 70 Pages