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HomeMy WebLinkAboutLightning Fence Company; 2006-11-08; PKS 07-01RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DQC# 2007-0164021 MAR 09, 2007 3:54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 2120100500 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on December 27, 2006. 6. The name of the contractor for such work or improvement is Lightning Fence Company. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Veterans Park Fence Installation, Contract Number PKS 07-01. 8. The street address of said property is (Not Applicable). CITY OF CARLrYOFCAl /0<( Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ^aJLxxxMXAjjy 3"1 200H . accepted the above described work as completed and ordered that a Notice or Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed orv^coly\joif\r>Li Al. 20CT), at Carlsbad, California.v~ ,.^. CITY OF CARLSBAD ^ "LORRAINE M. WOOD City Clerk v\\»>""//, Word\Masters\Forms\Notice of Completion (City) ',<*j -fmssK:-- -°v 'XXX 3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Veterans Park Fence Installation, Contract No. PKS 07-01, 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 Installation of fence at Veteran's Memorial Park site $54,600.00 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Glenn Pruim, Public Works Director Date 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. RAYMOND R. PATCHETT, City Manager Date APPROVED AS TO FORM: &-li<*l<n R. Ball, City Attorney Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 BID NO. 07-04PKS Revised 10/08/03 Contract No. PKS 07-01 Page 1 of 64 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 13 Bidder's Bond To Accompany Proposal 14 Guide For Completing The "Designation Of Subcontractors" Form 16 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 18 Bidder's Statement Of Financial Responsibility 19 Bidder's Statement Of Technical Ability And Experience 20 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 21 Bidder's Statement Of Re Debarment 22 Bidder's Disclosure Of Discipline Record 23 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 25 Contract Public Works 26 Labor And Materials Bond 32 Faithful Performance/Warranty Bond 34 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 36 Revised 10/08/03 Contract No. PKS 07-01 Page 2 of 65 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 39 1-2 Definitions 40 1-3 Abbreviations 41 Section 2 Scope And Control Of The Work 2-3 Subcontracts 41 2-4 Contract Bonds 42 2-5 Plans And Specifications 42 2-10 Authority Of Board And Engineer 44 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 44 3-3 Extra Work 44 3-4 Changed Conditions 45 3-5 Disputed Work 46 Section 4 Control Of Materials 4-1 Materials And Workmanship 48 4-2 Materials Transportation, Handling and Storage 49 Section 5 Utilities 5-1 Location 49 5-4 Relocation 50 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 53 6-6 Delays And Extensions Of Time 53 6-7 Time of Completion 53 6-8 Completion And Acceptance 54 6-9 Liquidated Damages 54 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 54 7-4 Workers' Compensation Insurance 54 7-5 Permits 54 7-7 Cooperation and Collateral Work 55 7-8 Project Site Maintenance 55 7-10 Public Convenience And Safety 55 7-13 Laws To Be Observed 55 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 56 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 56 9-3 Payment 56 Revised 10/08/03 Contract No. PKS 07-01 Page 3 of 65 Pages Part 2 Construction Materials 58 Part 3 Construction Methods 59 Section 1 Special Construction Provisions and Technical Specifications 60 Appendix Special Construction Provisions and Technical Specifications 65 Revised 10/08/03 Contract No. PKS 07-01 Page 4 of 65 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on September 28, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Provide and install fencing at the Veterans Memorial Park site in accordance with these specifications. CONTRACT NO. PKS 07-01 VETERANS PARK FENCE INSTALLATION BID NO. PWS07-04PKS 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 General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction. 2006 Edition, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. Revised 10/08/03 Contract No. PKS 07-01 Page 5 of 64 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 7. Acknowledgement of Addendum(a) 2. Bidder's Bond 8. Certificate of Insurance. The riders covering the 3. Non-Collusion Affidavit City, its officials, employees and volunteers may 4. Designation of Subcontractors be omitted at the time of bid submittal but shall and Amount of Subcontractor Bid be provided by the Bidder prior to award of this 5. Bidder's Statement of Financial Responsibility contract. 6. Bidder's Statement of Technical Ability and 9. Bidder1 s Statement Re Debarment Experience 10. Bidder's Disclosure Of Discipline Record 11.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $60.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A-General Engineering or CIS- Fencing. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $20.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/03 Contract No. PKS 07-01 Page 6 of 64 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will be held at the intersection of Faraday Avenue and Whitman Way at 1:30 PM on September 14, 2006. This meeting is NOT mandatory. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Revised 10/08/03 Contract No. PKS 07-01 Page 7 of 64 Pages Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. . Cc&6tAugust 22. 2006 Date SHERA R. COBIAN, Deputy City Clerk Publish Date: August 25, 2006 Revised 10/08/03 Contract No. PKS 07-01 Page 8 of 64 Pages CITY OF CARLSBAD (REVISED 09/18-06 ADDENDUM #01) CONTRACT NO. PKS 07-01 VETERANS PARK FENCE INSTALLATION CONTRACTOR'S PROPQ§^ED| WITNESSED AND REG City Council ^ _ _x ^/ City of Carlsbad 7- ^2 li '(/(/ 1200 Carlsbad Village Drive DATE sifjNATURE' 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. PKS 07-01 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: SCHEDULE "A" FENCE INSTALLATION Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Construct 3-Wire Fence 8,500 LF $ c-5y Aj> $ */**/. M^} ' DollarsHPer LF) Total amount of in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ s The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). / has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary Revised 10/08/03 Contract No. PKS 07-01 Page 9 of 64 Pages CITY OF CARLSBAD VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PKS 07-01 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: SCHEDULE "A" FENCE INSTALLATION Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Construct 3-Wire Fence 10,000 LF $ $ Dollars per Linear Feet Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $_ The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). / has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within 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 Revised 10/08/03 Contract No. PKS 07-01 Page 9 of 65 Pages business or act in the capacity of a contractor within the State of California, validly licensed under license number r ~?£>/ ^5"cT , classification <-- ~/J? which expires on , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is J5*<y &&/!& (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: / '(1) Name under which business is conducted *~ > (2) Signature (given and surname) of proprietor (3) Place of Business \3>/>O _. , (Stree^and Number) City and State \>ofJJ^ y (4) Zip Code ^^O&y Telephone No. O^ &• & ~7% ^^L */ fH- (5) E-Mail. Revised 10/08/03 Contract No. PKS 07-01 Page 10 of 65 Pages 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 (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted (2) (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. (6) E-Mail Revised 10/08/03 Contract No. PKS 07-01 Page 11 of 65 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnershipTtet names of alLgeneral partners, and managing partners: Revised 10/08/03 Contract No. PKS 07-01 Page 12 of 65 Pages BID SECURITY FORM (Check to Accompany Bid) VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER * Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No. PKS 07-01 Page 13 of. 65 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 KNOW ALL PERSONS BY THESE PRESENTS: That We, L-igVii-ning Vt>-niy> fir^pa^y . as Principal, and Explorer Insurance Company as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ninty-five hundred __ f0r which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for. VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Td wyg?- 0T* g00 ""W^ Contract No. PKS 07-01 Page 14 of 65 Pages ™~. , .QNxbj ANddWOD 33N3d 3NIN1H3I1 : FROM :- LIGHTNING FENCE COMPflNY FPX NO. : 8586796523 Sep. 27 2006 10:46PW P2 In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 27th day of September 20_Q£_. PRINCIPAL: Lightning Fe (print name here Owner (Title and Organization of Signatory) By: . _ (sign here) (print name here) (title and organization of signatory) 27thExecuted by SURETY this Of gCFtomfrcr > 20£6_. day SURETY: Explorer Insurance Company (name of Surety) 4542 Ruffner St. #170, San Diego, CA 92111 (address of Surety) (858) 279-59 (signSft^e of >.7k (printed name of Attomey-irvFact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R, BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. PKS 07-01 Pace 15 of 65 Paaes CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT £^^<^x5Cc<5«e<>/c<5c<>G«e<^^ State of California County of ss. On beforeme. personally appeared Name and Title of Officer (e.g.. "Jane Doe. Notary Public! yWfcl fK<J. SANGI1ASHAH mission* 144 Public - Cali San Diego County Notary Public - California Name(s) of D personally known to me B'pfoved to me on the basis of satisfactory evidence to be the personj#) whose namefeif is/are subscribed to the within instrument and acknowledged to me that he/s>fe/thef executed the same in his/hsfr/thielY authorized capacity (jes), and that by his/h^rf/Jhelr signature^) on the instrument the persontef, or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: *7 _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: I iiiii %&O<XXX^;CxjC4&cj&j^^ 6 1999 National Notary Association • 9350 De Soto Ave PO. Box 2402 • Chalsworth. CA 91313-2402 • wwwNalionalNotary.org Prod No. 5907 Reorder: Call Ton-Free 1-800-876-6827 Q^rtcfividual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:_ No. 0001877 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint T.W. THOMPSON, JR. their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego f SS. On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. MARY COBB |COMM. #1321341 A NOTARY PUBUC-CAUFQRNIA « SAN DIEGO COUNTY OMy Commission Expires .SEPTEMBER 20. 2005 |Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 27th day of September , ?nfjfi John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. License Detail Page 1 of2 Friday, September 29, 2006 License Detail Contractor License # 757458 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 09/29/2006 * * *Business Information * * * LIGHTNING FENCE CO 13950 OLIVE CREST WAY POWAY, CA 92064 Business Phone Number: (858) 748-1960 Entity: Sole Ownership Issue Date: 12/28/1998 Expire Date: 12/31/2006 * * *License Status * * * This license is current and active. All information below should be reviewed. * * *Classifications * * * * * * Class Description C13 FENCING " \ Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 191968 in the amount of $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 09/29/2006 License Detail Page 2 of 2 Effective Date: 09/12/2005 Contractor's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 229-0032580 Effective Date: 11/17/2005 Expire Date: 11/01/2006 Workers Compensation History Personnel List License Number Contractor Name Personnel Name Request Request Request Salesperson Salesperson Request Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 09/29/2006 Company Profile Page 1 of 2 Company Profile EXPLORER INSURANCE COMPANY PO BOX 85563 11455 EL CAMINO REAL SAN DIEGO, CA 92186-5563 800-788-8984 Former Names for Company Old Name: EXPLORER INSURANCE COMPANY (THE) Effective Date: 09-27-2005 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 40029 NAIC Group #: 0922 California Company ID #: 3004-9 Date authorized in California: July 17, 1985 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty "~ State of Domicile: CALIFORNIA 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 DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS _ PLATE GLASS ^ SPRINKLER SURETY http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 09/29/2006 Company Profile Page 2 of 2 TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - September 01, 2006 01:31 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_cojprof_utl.get_co_pr... 09/29/2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. PKS 07-01 Page 16 of 65 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. PKS 07-01 Page 17 of 65 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* c^>.^V7xj £te;3 sfa'Xe-r*f Subcontractor Name and Location of Business AVe ^77t£ &Mi pt>. .Rot /7<?3-</"1 £ . D- C/r/- 9-A/77 Subcontractors License Number and Classification ^^X<T7^ O -/? Amount of Work by Subcontractor in Dollars* & , &oo — Page pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. PKS 07-01 Page 18 of 65 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 10/08/03 Contract No. PKS 07-01 Page 19 of 65 Pages FROM : MURlETTfl TRftDING COMPPNY PHON6 NO- : S5S 673 8761 Jan. 31 2306 .12 1 47R1 . nJULIE R. DH1NGRAFUHLJC ACCOUNTANT January 30,2006 Lightning Fence Co. San Diego, Ca. ACCOUNTANTS COMPILATION REPORT I have compiled the aecpmpanylng Balance Sheet of Ughtnirlg Fence, Co., a sole proprietorship, as of Janujiry 18, 2006 and the related Income Statement for the two and a half month period erKlefl January 18, 2006 in accordance with standards established by the American', Inwijij* of 0$rt|fied Public Accountants. A compilation, i« fimto«| that te the T^pre^ta accompanying fin^paf other form of assuqjinc* pfesenting In the form of financial statements intormEitkm of management I have not audited or reviewad the s and, accordingly, do not express ah opinion or any Management h«f elected to 0rnK substantially all of the disclosures and the statement of cash flows required |r generally 'accepted. accounting principies. If the omitted dieoloturee Bnd,ftt6temerH of caflh ftowg were included in the financial statements, they might influence the t^ar^cpncluaions about the company1* finandal position, results of operations, and ca*h flom<: AccbWInflly, these financial statements are not designed for those vwho are not fi^rm^.ajbout sjiich matters. Julie R Dhing Certified Public untant 16776 Bernardo Grater Dr., Suite 209, Email: ^128 * (85S) 673-0620 , « >*w*f.}idiedlilncraqpa.cooi ,Fwc (SSfi) 673-8761 FROM s MURIFTTR TRRDINQ OOMPflNY PHOKC NO. : 8S8 673 8761 Jan. 31 2006 ISMTPM P3 UQTHNINO FENCE COMPANY INCOME STATEMSNT FOR THE PERIOD OCTOBER 1 TO JANUARY 16, 2006 R*VMIINI; fig ACCOUNTANT'S COMPILATION REPORT 3 FROM : MURIETTft TRRDING COMPANY PHONE NO. : 358 673 8761 Jan. 31 2006 .12:48PM P4 LIGHTNING FENCE COMPANY BALANCE SHEET AS OF JANUARY 18,2006 AMMfe . Current ^«ate Ciih'in'. 16,600.00 92,000,00(9Q,8ag.(|!p) 184.741. .Total Li SEE ACCOUNTANT'S COMPILATION REPORT FROM : MURIETTft TRflDING CCMPflNY PHONE NO. : 858 673 8761 Jan. 31 2006 12:49PM PS o»§ i?s ^if i! i! I 11s II i I 5 s . s i i 111 • £I!H 3 I 8 Sill!= s <& vf 8 8 8 i j£!*** f I * B f f BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work , Amount of Contract 7- / 67 'Act 9 <?.<=? -7 73-263 rt£\ 7- ~7 Revised 10/08/03 Contract No. PKS 07-01 Page 20 of 65 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled* The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. PKS 07-01 Page 21 of 65 Pages ACORD. CERTIFICATE OF LIABILITY INSURANCE DATEIMMrtJDfYYYYl 111/31/90.06 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. PRODUCER Tom Thompson Insurance P.O. Box 710100 ^43 &u££a«r St., Suite 170 -a JQiago, CA 92171-0100 INSURED Lightning 13950 Olive Cf»Bt Way Ponray, CA 920G4 LXGHOO INSURERS AFFORDING COVERAGE INSURER A; WSLLIN0TOS SPSCXAI,T7 INS. CO. INSURER B: AMERICAN JfCOWOMY IBSVRAXCB CO. INSURER C: XT HA.m.SY INS CO INSURER D: INSURER E! NAtC# 1S690 THE POLICIES OF INSURANCE LISTED B6XOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OP 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. INSR A 3 C GENERAL UABILJTY X COMMERCIAL, 5E NEPAL LIABILITY 1 CLAIMS WADE 0C | OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE (JABILrrr ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS 1 NON-OWNED AUTOS X ALL QWmSD NOW PR'. OARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA UABIUTY ^X] OCCUR | 1 CLAIMS MADE DEDUCTIBU X RETENTION tO. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPftlETQWPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED/ 1 1 yns . describe under SPECIAL PROVISIONS below OTHER POUCY NUMBER 0400300165 POLICY EFFECTIVEDATEIMMIDO/YYI OS/27/2006 10/17/2006 12/12/2005 POUCY EXPIRATIONDATE(MM/DO/YY) OS/27/2007 10/17/2007 12/12/200C UMFTS EACH OCCURRENCE DAMAGE TO RUNTED PREMISES fE« oecuroncal MED EXP (Any ore OWJfinl PERSONAL, «ADV IN JURY GENERAL AGGREGATE: PRODUCTS - COMP/OP A66 COMBINED SINGLE LIMIT (En accident) BODILY INJURY(Per person) BOPILY INJURY PROPERTY DAMAQE AUTO ONLY . EA ACCIDENT OTHER THAN AUTO ONLY: EAACC ACS EACH OCCURRENCE AGGREGATE [ WCSTATU-1 TORY LIMITS _ER E.L.EACHACCltJENT E.L. DISEASE • EA EMPLOYEE E.L. DISEASE - POLICY LIMIT « 1000000 « 50000 $ 5000 e 1000000 , 2000000 $ 2000000 ' 1000000 9 . * 8 r» » « 1000000 t 1000000 > *17 « ( I DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT ; SPECIAL PROVISIONS rh* City of Carlsbad, it 'a offlcmle, employees end voluut»»r* ara named *e Additional Insured for General liability. *Zadors*un*a fc hue been requested. R«v±ave certificate issued oil 10/25/2006 CERTIFICATE HOLDER CANCELLATION 10-Dmy ifotie* for Jfon-Payroent of Preon city of C*rlnb*<3 , — Attn.- Purchasing Dept. Carlsfcad, CA 32008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS (WRITTEN NOTICE TO THE CEffTIRCATt HOLDER NAMHD*T^J THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLieATIorf'LlHaiABILITY 01 «Y KJNH UPOM TM INSOREB, ITS AGENTS OR REPRESWAT^ES. \N\I\ >VJ/ (yl /I M/\J~ AUTHORIZED HEPBESEffrATH(E. ^AJ V^>^ "Alitw — SMS \CORD 25 (2001/08)" ACORD CORPORATION 1988 FROM (WED)NOV 1 2006 10f.31/ST. 10:27/No, 6811956441 P 2 POLICY NUMBCfc COMMERCIAL GENERM^UAWUTT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person City of Carlsbad Ann: Purchasing Dapt. 1635 Farwtoy Avenue Carbbad CA 92008 (If no entry appears above, information required to complete this endorsement will be shown in the Decorationsas applicable to this endorsement) A, Section II-Who l» An Insured * amendedtoinclude as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that Insured, B, With respect to the insurance afforded to these additional insureds, the following exclusion isadded: 2. Exclusions This insurance does not apply to "bodily in- jury or "properly damage" occurring after. (1) All work, including materials, pans or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of <Vourwor!^out of which the injury or damage Arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CO 201010 01 €> ISO Properties, Inc., 2000 11/01/2006 14;42 PAX STATE COMP INSURANCE P.O. BOX 420807. SAN FRANCISCO, CA 94142-0807 COMPENSATION SMlfciI FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE NOVEMBER 2. 2006 229-06 UNIT OQ323SOiwvc.rm>c,n £, *vvo POLICY NUMBER:-, , o- CERTIFICATEEXPIRES: **~L~V' THE CJITY OF CARLSBAD ATTM KEVIN DAVIS 1635 FARADAY AVE CARLSBAD CA 92006 JDBs BID *PUS07-MPKS L This Is to certify tnst we nave issued • valid Workers' Compensation Insurance policy in a form approved by the California insurance Commissioner to the employer named b«tow for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will ate® give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance to not an insurance policy and does not amend, extend or alter tne coverage afforded by the policies li$T9d herein. Notwithstanding any requirement, term, or condition ot any contract or other document with respect to which this certificate of insurance 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. %-vW MTATIVE */ZEO REPRESENTATIVE EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: *1,000,000 PER OCCURRENCE, EMPLOYER LIGHTNING FENCE CO 13950. OLIVE CREST WAY PONAY, CA 920A4 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: <*in* (narrQi of Contra' ^ -7* *-**-SJL>t,(sign here) (print name/title) Page of pages of this Re Debarment form Revised 10/08/03 Contract No. PKS 07-01 Page 22 of 65 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an fight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of theWf>rk ever been stayed? )\ yes yfnov 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page / of / pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PKS 07-01 Page 23 of 65 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: L i *\ /~77, (narrtfrerf Contractor) (print name/title) Page of pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PKS 07-01 Page 24 of 65 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 State of California ) )ss. County of (Name of Bidder) and says that he or she is _, being first duly sworn, deposes (Title) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregpingis true and correct and that tfiis affidavit was executed on/the 2-F T^-, day of ~S(pT) ? <gv^y jS^-sZ^ 20_ Signature of Bidder Subscribed and sworn to before me on the ^7 day of 5~£f 7 , 20 A 6 . (NOTARY SEAL) s«f Signature of Notary "''lAS'iAK k Cor^',;:3ior> * ; 449260 |_ 1 Ncfciv Public •• California f '/'' Sen O'ego County jf My CGiTmi. Expires Nov 4,2007J^ Revised 10/08/03 Contract No. PKS 07-01 Page 25 of 65 Pages CONTRACT PUBLIC WORKS 9)^ day of H\ftfr rrf\_frX-S\This agreement is made this _ by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City), and LIGHTNING FENCE COMPANY whose principal place of business is 13950 OLIVE CREST WAY POWAY CA 92064 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2006 Edition, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Revised 10/08/03 Contract No. PKS 07-01 Page 26 of 65 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 DSC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 10/08/03 Contract No. PKS 07-01 Page 27 of 65 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. Revised 10/08/03 Contract No. PKS 07-01 Page 28 of 65 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 10/08/03 Contract No. PKS 07-01 Page 29 of 65 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or 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. I/7^" 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. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the Revised 10/08/03 Contract No. PKS 07-01 Page 30 of 65 Pages "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: By: (sign hep) P (print name and title) By: (sign here) rporation of By: ATTEST: LORRAIME M. WOOD, City (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorne Revised 10/08/03 Contract No. PKS 07-01 Page 31 of. 65 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On October 27. 2006 before me> Novelyn S. Thompson. Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Dan Flud Name(s) of Signer(s) SANDIEGOCOUNTY Commission RMMAW.! 6,20_\o jg personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and offic/al seal. OPTIONAL Signature of Notary RuVlic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2004 National Notary Association-9350 DeSotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toil-Free 1-800-876-6827 ,00^20-2006 08=53 7604315769 P.02/05 Bond #220 48 22 Premium: $669.00 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad. State of California, on September 29, 2006, has awarded to _ LIGHTNING FENCE CO _ (hereinafter designated as the "Principal"), a Contract for VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 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, _ LIGHTNING FENCE CO _ , as Principal, (hereinafter designated as the ''Contractor"), and Explorer insurance Company _ ____ _ _______ as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY FOUR THOUSAND SIX HUNDRED TWENTY FIVE Dollars ($44,625.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract fay the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for. or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed court consistent with California Civil Code section 3248. iwiuwu This bond shall inure to the benefit of any of the persons named in California Civil Code section S° a8 9'Ve 8 "ht °fbond S° a8 9'Ve 8 "9ht °f aCti°n t0 th°Se perS°nS °r their assigns ln any suit brought upon the tha f "laflrae? that l no change' extensi°n °f time, alteration or addition to the terms ofthe 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 hereof waive notice of any ctenge alterations » addi«™ to the terms of the contract or to the work or to the Revised 10/08/03 Contract No. PKS 07,01 Pafle 32 Of 65 Paaes OCT-20-2006 08:53 760 431 5769 P. 03/05 Executed by CONTRACTOR thto 20th day of _ nr-t-iVhoi- . 20 ofi . CONTRACTOR: Lightning Fence Company _ (name o/£oR|ractor) By: (print name here) (title and organization of signatory) By:_ (sign here) (print name here) Executed by SURETY this 20th day Of DrfnTiP-r _ , 20 06 . SURETY: _ Explorer Insurance Company (name of Surety) P.O. Box 85563. San piego.CA 92186 (address of Syret/} 279- (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL D'ty Attorn By:>• j\uty^7— DeputyXSty Attorney ^ Revised 10/08/03 Contract No. PKS 07-01 Pane 33 nf RKPan»« No. 0001877 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint T.W. THOMPSON, JR. their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego f SS. On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. MARY COBBCOMM. #1321341 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTYMy Commission Expires SEPTEMBER 20. 2005 Witness my hand and official seal. I 3o Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be fecsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE L, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. 26th ^._t October 2006IN WITNESS WHEREOF, I have set my hand this day of _ John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On October 26, 2006 before me Novelyn S. Thompson Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") T.W. Thompson, Jr.personally appeared COMM. #1652677 NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTYCommission ExptfesApr.i6.jpj.Ol Name(s) of Signerjs) D personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officiaLseal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General Attorney in Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. I I j 1 ©1997 National Notary Association-9350 DeSotoAve., P.O. Box 2402- Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. Qn October 26, 2006 Defore me Novelyn S. Thompson Name and Title of Officer (e.g., "Jane Doe, Notary Public") Dan Flud Date personally appeared NOVELwTfSPsb^ COMM. #1652677 NOTARY PUBLIC • CALIFORNIA SAN DIEGO COWTY Name(s) of Signers) 3 personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:.. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ D Individual D D D D D D Corporate Officer — Title(s): Partner — D Limited D General Attorney in Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. I II 1 © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 OCJ-20-2006 08:53 760 431 5769 P.04/05 Bond #220 48 22 Premium: $669.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, on September 29, 2006, has awarded to LIGHTNING FENCE CO (hereinafter designated as the 'Principal"), a Contract for: VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 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 LIGHTNING FENCE CO as Principal, (hereinafter designated as the "Contractor"), and Explorer insuranrp r.n™pany _______^__ as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY FOUR THOUSAND SIX HUNDRED TWENTY FIVE Dollars ($44.625.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. PKS 07-01 Page 34 of 65 Pages OQT-20-2006 08=54 760 431 5769 P.05/05 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 20th day of October , 20 06 . CONTRACTOR: Lightning Fence Company (name of Contractor) Executed by SURETY this 20th day of October • 20 06 SURETY: Explorer Insurance Company (name of Surety) P.O. Box 85563, San Diego,CA 92186 (address of Surety) (858) (print name here) (Title and Organization of Signatory) B By: (sign here) (print name here) (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney TOTRL P.05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. October 20, 200§efore me Novelyn s. Thompson, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") Dan Flud On_ personally appeared NOVELYN COMM #1662677 NOTARYPUBUC«CALIFORMA SAN DIEGO COUNTY Name(s) of Signer(s) H personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On October 20, 2006 . before me, }SS. Novelyn S. Thompson, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared T-w- Thompson, Jr. jHSii^^ c&i2ttia COMM. #1652677 j!S nrlRN NOTARY PUBLIC • C ALIFORNA i rVOEfy SAN DIEGO COUNTY ^L. ^qro^P9!|^jssipn5mrKApM^.20'IOit Place Notary Seal Above Name(s) of Signers) H personally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ^/l\ je^o^O^%fW7^2v^ " f^^-1 / \ Signature of Notary Public/ r\nTi/*mi A i Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Sianer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: LJ Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Sioner Is Representina: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^1 Kll-iH I 1 HI IMRPRINJ 1 ^^^H •^^•^••^^•^•^^•^•^^•^•^^•^•^^^^H OF SIGNFR ^^HTop of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 No. 0001877 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint T.W. THOMPSON, JR. their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California -j County of San Diego On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. MARY COBBCOMM. #1321341 NOTARY PUSUC-CAUFORNIASAN OIEGO COUNTYMy Commission Expires SEPTEMBER 20. 2005 Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 20th day of October 2006 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 10/08/03 Contract No. PKS 07-01 Page 36 of 65 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. PKS 07-01 Page 37 of 65 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 Title Name Signature. Address For Escrow Agent:Title Name Signature Address _ Revised 10/08/03 Contract No. PKS 07-01 Page 38 of 65 Pages City of Carlsbad Public Works September 18, 2006 ADDENDUM NO. 1 RE: VETERAN'S PARK FENCE INSTALLATION BID NO. PWS07-04PKS, CONTRACT NO. PKS07-01 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Swnature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2730 • FAX (76O) 6O2-8562 September 15, 2006 TO: Buyer FROM: Parks Superintendent CONTRACT NO. PKS 07-01 / BID NO. PWS07-04PKS VETRANS PARK FENCE INSTALLATION REQUEST FOR ADDENDUM #01 Please prepare Addendum #01 to the contract covering the following issues: ITEM NO. 1 PAGE 6/SECOND PARAGRAPH Delete the following: The Engineer's Estimate is $60,000 Add the following: The Engineer's Estimate is $51,000 ITEM NO. 2 PAGE 9/SCHEDULE 'A' FENCE INSTALLATION-APPROXIMATE QUANTITY & UNIT Delete the following: 10,000 LF Add the following: 8,500 LF ITEM NO. 3 FINAL PAGE / SITE PLAN Delete the following: No fencing is to be installed on the west side of Faraday Avenue. The oval area indicated is to be omitted from the work. ITEM NO. 4 FINAL PAGE / SITE PLAN Change the following: The alignment of the fencing segment closest to southwest corner of Faraday Avenue and Whitman Way has been changed. This area has been staked with the new alignment and may be viewed by bidders. KYLE LANCASTER Parks Superintendent c: Public Works Manager Public Works Supervisor - Contracts and Agreements Public Works Supervisor - Trees and Medians Project Inspector File Addendum #01 PKS 07-01 Veterans Park Fence Installation CITY OF CARLSBAD (REVISED 09/18-06 ADDENDUM #01) CONTRACT NO. PKS 07-01 VETERANS PARK FENCE INSTALLATION CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PKS 07-01 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: SCHEDULE "A" FENCE INSTALLATION Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Construct 3-Wire Fence 8,500 LF $ $ Dollars (Per LF) Total amount of bid in words for Schedule "A": Total amount of bid in numbers for Schedule "A": $ The basis of award will be the sum of Schedule "A". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary Revised 10/08/03 Contract No. PKS 07-01 Page 9 of 64 Pageso SUPPLEMENTAL PROVISIONS FOR VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK"STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 2006 EDITION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. PKS 07-01 Page 39 of 65 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. PKS 07-01 Page 40 of 65 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building and Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric EWA Encina Wastewater Authority G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LWD Leucadia Wastewater District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No. PKS 07-01 Page 41 of 65 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of site drawings included in this contract specification package. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 10/08/03 Contract No. PKS 07-01 Page 42 of 65 Pages 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) City of Carlsbad Supplemental Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 10) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Revised 10/08/03 Contract No. PKS 07-01 Page 43 of 65 Pages Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. Revised 10/08/03 Contract No. PKS 07-01 Page 44 of '65 Pages 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: Revised 10/08/03 Contract No. PKS 07-01 Page 45 of 65 Paces The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Supervisor 3. Public Works Manager - General Services 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. Revised 10/08/03 Contract No. PKS 07-01 Page 46 of 65 Pages (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. Revised 10/08/03 Contract No. PKS 07-01 Page 47 of 65 Pages 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information, as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. Revised 10/08/03 Contract No. PKS 07-01 Page 48 of 65 Pages At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Revised 10/08/03 Contract No. PKS 07-01 Page 49 of 65 Pages 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 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 20 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Revised 10/08/03 Contract No. PKS 07-01 Page 50 of 65 Pages Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Revised 10/08/03 Contract No. PKS 07-01 Page 51 of 65 Pages Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1. Add the following section: 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. Revised 10/08/03 Contract No. PKS 07-01 Page 52 of 65 Pages 6-2 PROSECUTION OF WORK. 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. The work includes installing fencing as shown on the drawings and as approved in the field by the Project Inspector. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under section 7-6, 'The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 35 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. No work involving any construction, cleanup or any other activity shall be performed by the contractor prior to September 16, 2006 or after December 31, 2006. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Revised 10/08/03 Contract No. PKS 07-01 Page 53 of -65 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that Five Hundred Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. Revised 10/08/03 Contract No. PKS 07-01 Page 54 of 65 Pages 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 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. Revised 10/08/03 Contract No. PKS 07-01 Page 55 of 65 Pages SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following: A field office for agency personnel is not required. 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 Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. Revised 10/08/03 Contract No. PKS 07-01 Page 56 of 65 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/03 Contract No. PKS 07-01 Page 57 of 65 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS THIS PAGE INTENTIONALLY LEFT BLANK Revised 10/08/03 Contract No. PKS 07-01 Page 58 of 65 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS 300-13 STORM WATER POLLUTION PREVENTION Add the following section: 300-13.1 Storm Water Pollution Prevention. As part of the storm water pollution prevention work, the Contractor shall prepare and submit a Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. Revised 10/08/03 Contract No. PKS 07-01 Page 59 of 65 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 TECHNICAL SPECIFICATIONS AND SPECIAL CONSTRUCTION PROVISIONS SECTION NO. 1 SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment, furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory installation of three wire fencing on T-post at the future Veterans Park site as specified in this contract or on the drawings. Quantities listed in the Bid Schedule are for estimation purposes only. Actual quantities may differ and shall be verified in the field. Contractor is advised to read these requirements carefully and bid the job according. 2. Work Sites The Contract work site is portions of the future Veterans Park located in the vicinity of Fara- day Avenue and Whitman Way. The work site is located in open space with limited vehicular access, rough and uneven terrain with canyons and hills, as detailed in this section, shown in the Appendix, or as shown on the Site Plan. The Contractor is advised that areas immediately adjacent to the work are considered habitat and cannot be entered by the Contractor to perform his work. Actual work locations do not enter habitat areas and sufficient work area is available to perform the installation without entering habitat areas. 3. Construction Plans (Drawings) No construction plans are included with this Contract. A Site Plan with the approximate fencing locations is included as an attachment to the Contract. Approximate fencing loca- tions will be surveyed and staked by the City of Carlsbad. Actual fencing locations will be approved by the Project Inspector, in the field. Revised 10/08/03 Contract No. PKS 07-01 Page 60 of 65 Pages 4. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the Special Provisions. Prior to beginning construction, Contractor shall submit emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 5. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify compliance with Contract Documents. 6. Permits, Licenses, Certificates, Laws and Ordinances A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. B. California Regional Water Quality Control Board. San Diego Region Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. C. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. D. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. Revised 10/08/03 Contract No. PKS 07-01 Paae 61 of 65 Paaes 7. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. Contractor may utilize storage within the Veterans Park site. The Project Inspector shall review and approve of the Contractor's proposed storage area. The contractor shall provide temporary fencing for any and all storage areas located at the Veterans Park site at his expense. 8. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that existing improvements including landscaping, roads and other paved surfaces adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged private or public improvements, which result from his operations to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper and legal disposal of all waste materials resulting from his operations, including dirt, rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. 9. Construction Water Contractor shall obtain a water meter from Owner or serving utility and install same at locations required to perform his operations. Contractor shall pay all costs for meter and water used during construction. 10. Progress Schedule and Allowed Dates for Construction Contractor shall submit a schedule per the requirements of SSPWC and shall update this schedule on a bi-weekly basis. The Contractor shall provide this updated schedule to the Project Inspector on alternating Thursdays. The Contractor is advised that environmental regulations stipulate that the work must not be performed prior to September 15, 2006 and City of Carlsbad needs stipulate the work must be performed prior to December 30,2006. Revised 10/08/03 Contract No. PKS 07-01 Page 62 of 65 Pages 11. Construction Staking The City of Carlsbad shall furnish all construction staking required to perform the Work. Contractor shall protect all survey monuments and he shall pay all costs to reestablish any monuments destroyed or disturbed. 12. Inspection & Fees In the event the Contractor requests to work outside the stated working hours, or on holidays, and the Owner agrees to same, the Contractor shall pay for the Inspector's time at the rate of $100.00 per hour. 13. Compliance With Contract Documents Contractor shall comply with all instructions of Owner to insure compliance with the Contract Documents, including timely completion of work each day, work site clean-up, control of traffic, and placement of signs. If Contractor does not comply with the Contract Documents, then Owner shall provide the required labor, materials, and equipment to perform same and shall deduct the cost from monies otherwise due under the Contract. 14. Geological Conditions at Work Site Personal investigation by Contractor is mandatory. Contractor may perform excavations on site prior to bid opening. Contact the Owner to arrange for access to site. Neither the information contained in the drawings, or from Owner, his agents or employees shall act to relieve Contractor from any responsibility in fulfilling any and all of the terms and requirements specified herein. 15. Safety Requirement of Equipment Furnished by Contractor The equipment furnished by Contractor shall comply with the applicable requirements of the Safety Orders of the Division of Industrial Safety of the State of California. Copies of the Safety Orders as available at the Printing Division, Documents Section, State of California, Sacramento, California 95814, and any other applicable safety requirements of Federal, State and Local government. 16. Project Duration The total project duration shall be 35 Working Days from the date specified in the Notice to Proceed. Revised 10/08/03 Contract No. PKS 07-01 Page 63 of -65 Pages SECTION NO. 2 TECHNICAL SPECIFICATIONS 1. Materials All fence materials are to be per Caltrans Section 80-3 Types BW and WM Fence as detailed or as modified by this section: A. Line posts are to be galvanized 7-foot T-post per 2006 Caltrans 80-3.01 B B. End posts, pull posts, corner posts and brace posts are to be galvanized per 2006 Caltrans 80-3.01 B C. Wood posts are not permitted. D. Fencing shall not be Barbed Wire or Wire Mesh. Fencing shall be as detailed in item "C". E. Fencing wire shall be non-barbed minimum 9-gage galvanized tension wire. Provide three (3) wires. F. All miscellaneous hardware is to be galvanized per 2006 Caltrans 80-3.01 F. 2. Construction A. Fence construction methods are to conform to 2006 Caltrans Section 8-3.02. Wooden posts are not permitted. B. Fence construction is to conform to Caltrans Standard Plan A86. Spacing of pull posts shall not exceed 660-foot maximum. C. End posts are to be installed at all locations adjacent to existing roads. No fencing shall cross these areas and no gates are to be provided in this project. D. Fencing shall be offset a minimum of 3-feet behind existing roads or other improvements unless placement encroaches on habitat. The Project Inspector may make adjustment to this offset if field conditions require. E. Bid Item for Construct Three Wire Fencing includes all work including line posts, corner posts, slope posts, anchors or any other materials etc. required to install fencing. Contractor is advised that the work site is located in open space with limited vehicular access, rough and uneven terrain with canyons and hills, as detailed in this section, shown in the Appendix, or as shown on the Site Plan F. Only the Caltrans construction specifications sections and Caltrans Standard Plan as attached to this contract apply. All other provisions are per the precedence of documents referenced in this contract. Revised 10/08/03 Contract No. PKS 07-01 Page 64 of 65 Pages VETERANS PARK FENCE INSTALLATION CONTRACT NO. PKS 07-01 APPENDIX A REFERENCE SPECIFICATIONS STANDARD DRAWINGS AND SITE PLAN Revised 10/08/03 Contract No. PKS 07-01 Paae 65 of 65 Paaes 2008 STANDARD PLAN A86 5:= Si** Is -^1 r?'III ft!* si HI !bi 112 PKS 07-02 Veterans Park Fence Installation RIGHT OF WAY AND TRAFFIC CONTROL FACILITIES SECTION 80: FENCES 80-1 GENERAL 80-1.01 DESCRIPTION This work shall consist of constructing barbed wire fence, wire mesh fence and chain link fence in accordance with the details and at the locations shown on the plans. Fences shall be of the type designated on the plans or in the special provisions and shall be constructed as specified in these specifications and the special provisions. Barbed wire and wire mesh fences shall be designated as Type BW and Type WM fences, respectively. Type BW shall consist of 5 lines of barbed wire and Type WM shall consist of wire mesh and 3 lines of barbed wire. Both types shall be fastened to metal posts, or treated or untreated wood posts. The type of posts will be specified in the special provisions. Chain link fence shall be designated as "Type CL-" followed by a number specifying the width, in feet, of the fence fabric. The type of chain link fence to be constructed will be designated in the contract item and specified in the special provisions. When specified in the special provisions, chain link fence posts shall be ' equipped with extension arms upon which shall be strung the specified number of lines of barbed wire. Fences on freeways shall be constructed within the highway right of way and fences on all other highways shall be constructed on private property as shown on the plans. Fence construction operations shall be conducted so as to prevent the escape of livestock. 80-1.02 EXISTING FENCES Attention is directed to Sections 7-1.11, "Preservation of Property," and 7-1.12, "Indemnification and Insurance." Fences that are to remain in place and which have been damaged by the Contractor shall be replaced by the Contractor at the Contractor's expense. 80-1.03 CLEARING Earth, trees, brush and other obstructions which interfere with the proper construction offences shall be removed and disposed of, unless the Engineer orders certain trees to remain in place. This work will be considered as part of fence construction and no measurement nor payment will be made for this work. 80-1.04 CONNECTIONS Existing cross fences shall be connected to the new fences. Corner posts with braces for every direction of strain shall be placed at the junction with existing fences. The wire in the new and existing fences shall be fastened to the posts. At structures, if directed by the Engineer, the new fence shall be connected to the structure in such a manner as to permit the free passage of stock through or under the structure, or else an end post shall be installed and the fence connected thereto. 583 PKS 07-02 Veterans Park Fence Installation SECTION 80 FENCES 80-2 (BLANK) 80-3 TYPES BW AND WM FENCE 80-3.01 MATERIALS Materials for Type BW and Type WM fences shall conform to the following: 80-3.01 A Metal Posts and Braces Line posts shall conform to the requirements in ASTM Designation: A 702, except that packaging of posts will not be required. Posts shall be Class B steel and not less than 7 feet long. The anchor plate may be omitted provided the post is set in a portland cement concrete footing with a minimum cross sectional dimension of 6 inches and a depth equal to full penetration of the post. End, latch, pull and corner posts shall have a minimum resisting section modulus of 0.32 cubic inch in any direction. The posts shall be not less than 7 feet long and shall be not less than 3.1 pounds per foot. Braces and brace posts shall be not less than 7 feet long and shall be not less than 1.93 pounds per foot. Gate posts shall conform to the details shown on the plans. 80-3.01 B Wood Posts and Braces Wood posts and braces shall be treated unless otherwise provided in the special provisions. 80-3.018(1) Untreated Wood Posts and Braces Untreated wood posts and braces shall be redwood, cedar, Douglas fir or Southern Yellow Pine, shall be cut from sound timber, and shall be straight and tree from loose or unsound knots, shakes in excess of one third the thickness of the post, splits longer than the thickness of the post, or other defects which would render them unfit structurally for the purpose intended. Knots in posts shall be sound, tight, well spaced, and shall not exceed 2 inches in size on any face. Sweep shall not exceed 0.08 foot in 6 feet. Untreated wood line posts and braces may be split material and shall not be less than 7 feet long with a perimeter of not less than 16 inches and no dimension less than 4 inches. Untreated wood end, corner and brace posts shall be sawed or hewed and shall be not less than 8 feet long and not less than 6" x 6" nominal size. 80-3.018(2) Treated Wood Posts and Braces Treated wood posts and braces shall be sawed rectangular, free of heart center, Douglas fir, Hem-Fir, Southern yellow pine, round fir or pine. Sawed Douglas fir, Hem-Fir and Southern yellow pine posts and braces shall be graded in conformance with the provisions in Section 57-2, "Structural Timber." The minimum grades and species allowed for sawed 4" x 4" nominal size treated posts and braces shall be construction light framing Douglas fir, No. 1 structural light framing Hem-Fir or No. 2 structural light framing Southern yellow pine. The minimum grades and species allowed for sawed 6" x 6" nominal size or larger treated posts and braces shall be select structural posts and timbers No. 1 (also known as No. 1 structural) Douglas fir, select structural posts and timbers Hem-Fir or No. 1 timbers Southern yellow pine. The timber for round posts shall be sound and free from decay, shakes 584 PKS 07-02 Veterans Park Fence Installation SECTION 80 FENCES exceeding one third the diameter of the post, splits longer than the thickness or diameter of the post, loose or unsound knots, multiple crooks, or any other defects which would weaken the posts and braces or otherwise cause them to be structurally unsuitable for the purpose intended. Sweep in all posts shall not exceed 0.08-foot in 6 feet. Posts and braces to be treated shall be pressure treated in conformance with the provisions in Section 58, "Preservative Treatment of Lumber, Timber and Piling," and AWPA Use Category System: UC4A, Commodity Specification A or B. In lieu of the marking requirement in Section 58-1.02, "Treatment and Retention," the treating plant may hammer stamp either end of treated wood posts and braces with the symbol or name of the company performing the treatment. Round posts and braces shall be peeled to remove all outer bark and all inner cambium bark, except that occasional strips of inner bark may remain if not over 1/2 inch wide or over 3 inches long. Knots shall be trimmed flush with the sides, spurs and splinters removed, and ends cut square. Line posts and braces shall be 7 feet long and all other posts including brace posts shall be 8 feet long. The maximum permissible variations from these lengths shall be minus one inch and plus 2 inches. The small end of round line posts and braces shall be between 31/2 inches and 5 inches in cross sectional dimension; the small end of all other round posts including brace posts shall be between 5'/2 inches and 7 inches in cross sectional dimension. The allowable taper from end to end of round posts and braces shall not exceed 11/2 inches. Sawed rectangular line posts shall be not less than 4" x 4" nominal size; all other sawed rectangular posts including brace posts shall be not less than 6" x 6" nominal size. 80-3.01C Barbed Wire Barbed wire shall conform to the requirements in ASTM Designation: A 121 and shall be either 12'/2-gage Class 1, 13'/2-gage Class 3, or 15'/2-gage Class 3. The barbed wire shall consist of 2 strands of wire, twisted with 2 point barbs. 80-3.01D Wire Mesh Wire mesh shall be fabric conforming to the requirements in ASTM Designation: A 116, Class 1. It shall be 32 inches wide, consisting of 8 horizontal wires with vertical stays spaced 6 inches apart. The top and bottom wires shall be 10-gage and the intermediate wires and vertical stays shall be 12'/2-gage. 80-3.01E Gates Gates shall conform to the provisions in Section 80-4.0ID, "Gates." Fabric for the gates shall conform to the provisions in Section 80-4.0IB, "Fabric." Drive gates shall not be over 58 inches nor less than 48 inches high. 80-3.01 F Miscellaneous Galvanized bolts and nuts for attaching braces and straps to metal posts and the suitable galvanized devices for holding barbed wire and wire mesh firmly in position shall be of commercial quality and design. 585 PKS 07-02 Veterans Park Pence Installation SECTION 80 FENCES Staples used to fasten barbed wire and wire mesh fabric to wood posts shall be not less than 13/4 inches long and shall be fabricated from 9-gage galvanized wire. Wire used to fasten barbed wire and wire mesh to metal posts shall be galvanized and 11-gage or heavier. Clips and hog rings shall be 9-gage or heavier. Portland cement concrete for metal post and brace footings and for deadmen shall be produced from commercial quality aggregates and cement and shall contain not less than 470 pounds of cement per cubic yard. 80-3.02 CONSTRUCTION Fence posts for Type BW and Type WM fences shall be spaced at the intervals and set to the depths shown on the plans. In general, in determining the post spacing, measurements shall be made parallel to the ground slope, and all posts shall be placed in a vertical position, except in unusual locations where directed by the Engineer the posts shall be set perpendicular to the ground surface. Any high points which interfere with the placing of wire mesh shall be excavated to provide the clearance shown on the plans. Posts shall be braced as shown on the plans. Changes in line where the angle of deflection exceeds 5 degrees for steel post fence or 15 degrees for wood post fence shall be considered as comers and comer posts shall be installed. Changes in line where the angle of deflection does not exceed 5 degrees for steel post fence or 15 degrees for wood post fence shall be considered as alignment angles. The adjacent line posts at alignment angles shall be made fast to the angle post by means of diagonal tension wires, or, if that method is considered impractical in the opinion of the Engineer, the posts shall be braced as provided for bracing corner posts. Pull post assemblies shall be installed as shown on the plans. Metal diagonal braces and metal comer, end, latch, gate and pull posts shall be set in a portland cement concrete footing crowned at the top to shed water. Metal line posts may be driven in place provided driving does not injure the posts. At the option of the Contractor, wood line posts may be driven into place, provided the method of driving does not damage the post; or they may be installed in drilled holes of the same dimension as the post and the post made firm in place; or they may be installed in larger drilled or dug holes and backfilled and compacted. In any event the posts shall be set solid and any space left around the posts shall be backfilled and compacted. All other wood posts shall be installed in drilled or dug holes and backfilled and compacted until solid. Round posts installed in drilled holes shall have the butt end down. Line posts which are to be driven shall have the small end machine pointed at the plant before being treated. Diagonal tension wires shall consist of two 8-gage galvanized wires securely fastened to wood posts. An extra loop shall be made around each post at each point of attachment and the wire stapled to the posts. Wood braces shall be connected to adjacent posts with 3/8" x 4" steel dowels and the tension wires twisted until the installation is rigid. Barbed wire and wire mesh fabric shall be stretched and fastened to each wood post by means of galvanized fence staples and to metal posts by means of suitable 586 PKS 07-02 Veterans Park Fence Installation SECTION 80 FENCES fasteners. The barbed wire and mesh fabric shall be attached to the private property side of the posts and at the spacings shown on the plans. On Type WM fence, the lower line of the barbed wire shall be tied to the top wire of the wire mesh with 12-gage galvanized wire at 4 foot intervals between posts. The wire mesh fabric shall be attached to each post by fastening the top and bottom wires and alternate longitudinal wires using a minimum of 5 fasteners. At all grade depressions where stresses tend to pull the posts from the ground, the fencing shall be snubbed or guyed at the critical point by means of a double 8-gage or 9-gage galvanized wire connected to each horizontal line of barbed wire or to the top and bottom wire of wire mesh fabric, and to a deadman weighing approximately 100 pounds and buried in the ground not less than 2 feet.. The fencing shall be stretched and fastened before being snubbed or guyed. When fence construction utilizes wood line posts, the fence fabric and fence wires shall be grounded. The grounding device shall consist of a metal fence post which shall be substituted for a regular fence post at intervals not to exceed 500 feet with not less than one metal post in any length of fence over 200 feet between openings. Each line of barbed wire and alternate longitudinal wires of the fence fabric shall be tightly fastened to the metal post with 11 -gage, or heavier, galvanized steel wire. At each location where an electric transmission, distribution or secondary line crosses fences with wood posts, the fence shall be grounded with a galvanized or copper coated steel ground rod 8 feet long having a minimum diameter of 1/2 inch installed directly below the point of crossing. The rod shall be driven vertically until the top is 6 inches below the ground surface. A No. 6 solid copper conductor or equivalent shall be used to connect each fence element to the grounding rod. The connections shall be either brazed or fastened with approved noncorrosive clamps. When a powerline runs parallel or nearly parallel to and within 100 feet of the wood post fence, the fence shall be grounded with a ground rod at each end post or at intervals not to exceed 1,500 feet When the specified vertical penetration of the ground rod cannot be obtained, an equivalent horizontal grounding system approved by the Engineer, shall be installed. After the fencing has been attached to untreated wood posts, long posts which cause a non-uniform appearing fence shall be cut off. Surplus excavated material remaining after the fence has been constructed shall be disposed of in a uniform manner along the adjacent roadway as directed by the Engineer. 80-3.03 MEASUREMENT Quantities of fence to be paid for will be determined by the linear foot or mile from actual measurements of the completed fence, the measurements to be made parallel to the ground slope along the line of completed runs offence, deducting the widths of openings. Quantities of gates will be determined from actual count. When more than one gate is placed in an opening, each single unit placed will be counted as a gate. A gate unit complete in place shall include one gate with all necessary fittings, hardware and gate posts with braces. 587 m ..•• -..-•.** T •^.r*f&^>