HomeMy WebLinkAboutPCI; 2004-08-23; MO-0401DOC # 2005-0579626
I\! RECORDED REQUESTED BY
\ ''T CITY OF CARLSBAD ' AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
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JUL 11,2005 8:47 AM
OFFICIAL RECORDS SLN DIElGQ COUNT'I RECDRLIER'S DFFICt
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Space above this line for Recorder's use.
PARCELNO: NIA
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on April 25,2005.
The name of the contractor, if any, for such work or improvement is PCI (Parking & Highway
Improvement Contractor).
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: Street striping and pavement marking
Contract MO-0401. The street address of said property is City Wide (no street address). 8.
Public works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on 5 un Q 3 c tL, ,2005, accepted the above
described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on y%.& , 205Cat Carlsbad, California.
CITY OF CARLSBAD
J\eQ+
H:/Developmnt SenicesiMasterSINoticeS/Notice of Completion (City)
City Clerk
3/9/98
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
The Contractor has completed the improvements required for Parking and Highway Improvement Contract No. MO-0401 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
Parking and Highway Improvements $84,503.05
PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS
CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS
The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release
the bonds in accordance with State Law and City Ordinances.
The City of Carlsbad is hereby directed to commence maintaining the above described
JUN 3 0 2005
Date
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: , Depdty City Attorney
d\ GOQ-
Word\Maslers\Forms\Acceptance of Public Improvements (City) 3/9/98
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
STREET STRIPING AND
PAVEMENT MARKINGS
CONTRACT NO. MO-0401
em tS Revised 10/08/03 Contract No. MO-0401 Page 1 of 73 Pages
TABLE OF CONTENTS
Item . .
Notice Inviting Bids ........................................................................................................................
Contractor's Proposal ....................................................................................................................
Bid Security Form ..........................................................................................................................
Bidder's Bond To Accompany Proposal .......................................................................................
Guide For Completing The "Designation Of Subcontractors" Form .............................................
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items .................................
Bidder's Statement Of Financial Responsibility ............................................................................
Bidder's Statement Of Technical Ability And Experience .............................................................
Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation ...........................................................................................
Bidder's Statement Of Re Debarment ..........................................................................................
Bidder's Disclosure Of Discipline Record .........................................................................
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. -
Contract Public Works ..................................................................................................................
Labor And Materials Bond ............................................................................................................
Faithful Perfomance/Warranty Bond ...........................................................................................
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ......................................
1
9
18
19
21
23
24
25
26
27
28
30
31
37
39
41
.
e
Revised 10/08/03 Contract No . MO-0401 Page 2 of 73 Pages
SUPPLEMENTAL PROVISIONS
I Part I
Section 1 1-1
1 -2 1-3
Section 2 2-3 2-4 2-5 2-9 2-1 0
Section 3
3-2 3-3 3-4 3-5
Section 4 4-1 4-2
Section 5 . 5-1 5-4
Section 6 6-1 6-2 6-6 6-7
6-8 6-9
Section 7 7-3 7-4 7-5 7-7 7-8 7-1 3
Section 9
9-1 9-3
General Provisions
Terms. Definitions Abbreviations And Symbols Terms .................................................................................................................... Definitions .............................................................................................................
Abbreviations ........................................................................................................
Scope And Control Of The Work Subcontracts ......................................................................................................... Contract Bonds .....................................................................................................
Plans And Specifications ...................................................................................... Surveying ..............................................................................................................
Authority Of Board And Engineer .........................................................................
Changes In Work
Extra Work ............................................................................................................ Changes Initiated by the Agency ..........................................................................
Changed Conditions ............................................................................................. Disputed Work ......................................................................................................
Materials And Workmanship .................................................................................
Materials Transportation. Handling and Storage ..................................................
Control Of Materials
Utilities Location ................................................................................................................. Relocation .............................................................................................................
Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work ............................................................................................. Delays And Extensions Of Time ...........................................................................
Time of Completion ...............................................................................................
Completion And Acceptance ................................................................................ Liquidated Damages .............................................................................................
Responsibilities Of The Contractor Liability Insurance ................................................................................................. Workers' Compensation Insurance ...................................................................... Permits .................................................................................................................. Cooperation and Collateral Work .........................................................................
Project Site Maintenance ......................................................................................
Laws To Be Observed ..........................................................................................
Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ................................................................................................................
44 44 45
46 46 47 49 52
53
53 54 55
57 58
58
58
59 59
60 60
60 61
61
61 61 61 62 64
65 65
e= %# Revised 10/08/03 Contract No . MO-0401 Page 3 of 73 Pages
PART 2 Construction Materials
Section 21 0
21 0-1 Paint ...................................................................................................................... 67
-
Paint And Protective Coatings
PART 3 Construction Methods
Section 310 Painting
31 0-5 Painting Various Surfaces ................................................................................... 68
EXHIBIT A Thermoplastic Locations
4- %# Revised 10108103 Contract No. MO-0401 Page 4 of 73 Pages
*- CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO PM on June 9, 2004, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by
mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they
will be opened and read, for performing the work as follows: The restriping of Palomar Airport Road,
La Costa Avenue, Melrose Drive, and Carlsbad Boulevard and installation of designated
thermoplastic pavement legends at various locations throughout the City.
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
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 specifications. The specifications for the
work include the Standard Specifications for Public Works Construction, 2003 Edition, and
supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California
Chapter of the American Public Works Association and as amended by the supplemental provisions
sections of this contract. Reference is hereby made to the plans and specifications for full particulars
and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses. /c
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 (IO) 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
$1 00,000 per contract.
F-
ew
Revised 10/08/03 Contract No. MO-0401 Page 5of 73Pages
,- 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
2. Bidder's Bond
3. Non-Collusion Affidavit
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner Operator/Lessors 8, Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial Responsibility
7. Bidder's Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10.Bidder' s Statement Re Debarment
11. Bidder's Disclosure Of Discipline Record
12. Escrow Agreement for Security Deposits -
(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is
$58,000.00.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a
contractor pursuant to the Business and Professions Code shall be considered nonresponsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with California law.
Where federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A. C12, C32. -
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu
of the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $25.00 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.
e= ts Revised 10/08/03 Contract No. MO-0401 Page 6of 73Pages
The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770,
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and
Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and
compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
These bonds shall be kept in full force and effect during the course of this project, and shall extend
in full force and effect and be retained by the City until they are released as stated in the
Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance
carrier admitted and authorized to transact the business of insurance in California and whose assets
exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are
to be accompanied by the following documents:
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.
e= t# Revised 10/08/03 Contract No. MO-0401 Page 7of 73 Pages
If the bid is accepted, the City may require copies of the insurer's most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover anv 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.
ISABELLE PAULSEN, CMC
Deputy Clerk
April 26, 2004
4-
Revised 10/08/03 Contract No. MO-0401 Page 8 of 73 Pages
CITY OF CARLSBAD
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. M0-0401
CONTRACTORS 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. MO-0401 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:
x
Item - No.
I
-
2
,-
3
4
Approximate Quantity Unit Description and Unit Price - Total
Q Traffic control at 1 LS $ 3!dlws) $ 5pm-
--t+-& MSns
Dollars (Lump Sum) so
Painted median with w/RPM 784 LF $ I,@ $ 1F;cj\-
and cross hatches per
Caltrans detail 29 at
ON& PcAk
Dollars per Linear Foot
Double-yellow s/RPM and
cross hatches per Caltrans
detail 22 at
SI4-q CWk
577LF $ $ 344.20
Dollars per Linear Foot 9
Lane drop at intersection per 501 LF $ 09 $ 2-
Caltrans detail 37C at
Geq
Dollars per Linear Foot
*w k# Revised 10/08/03 Contract No. M0-0401 Page 9 of 73 Pages
Approximate
Quantity Unit
and Unit Price
562 LF $ Yt604
Description
Channelizing line with bots
dogs and RPMs per Caltrans
detail 38C at H
Dollars per Linear Foot
10,450LF $ ,334 Channelizing line with RPM
per Caltrans detail 38 at
-fA NlNL LJ5
Dollars per Linear Foot
7 1,632LF $ Channelizing line with no bots
dots or RPMs per Caltrans
detail 38A at G+lm C0-k
Dollars per Linear Foot
8 12,723 LF $ 9334 Skipped line with bots dots
and RPMs per Caltrans detail
13 at
-I%+*- a5
_-
Dollars per Linear Foot
140,942 LF $ ' Ob d
$4 14,417 LF
146,327 LF $
9 Bike lane per Caltrans detail
39 and 39A at 5 I&
Dollars per Linear Foot
10 White edgeline per Caltrans
detaile 27B at
<I% COJb
Dollars per Linear Foot
.-
I
I-
11 Skipped lane line with RPM per Caltrans detail 12 at Tm &4-5
Dollars per Linear Foot
4- %# Revised 10/08/03 Contract No. MO-0401 Page 10 of 73 Pages
Item - No.
12
13
14
15
16
17
18
Descrbtion
Centerline s/RPM per
Caltrans detail 22 at f-6 ofie
Dollars per Linear Foot
Centerline who RPMs per
Caltrans detail 21 at mal7
Dollars per Linear Foot
Painted median w/RPMs per
Caltrans detail 29 at FFI..\bc&
Dollars per Linear Foot
Painted median with RPMs
per Caltran detail 28 at
OL \*\\e-
Dollars per Linear Foot
Yellow edgeline w/RPMs per
Caltrans detail 25A at kld& &
Dollars per Linear Foot
Yellow edgeline who RPMs
per Caltrans detail 24 at
GF-= cahh
Dollars per Linear Foot
Two-way left-turn lane
w/RPMs per Caltrans detail
Dollars per Linear Foot
e* \# Revised 10/08/03
Approximate
Quantity
and Unit
4,008 LF
27 LF
6,672 LF
562 LF
24,900 LF
611 LF
1,976 LF
Unit
Prim
$ 8.b
$ 3,csdol.m
$ 4 I, 4s
Contract No. MO-0401 Page 11 of 73 Pages
Approximate
Quantity Unit
and Unit Price - Total
Item - No. Description
19 22,077 LF $ t \Z Skipped lane line w/RPMs
per Caltrans deta'l9 at t.cbelulc &d L
Dollars per Linear Foot
20 Skipped lane line who RPMs 206 LF $ -\o $ 2o.m
per Caltrans d tail 8 at Ye C-J L
Dollars per Linear Foot
White edgeline w/RPMs per 661 LF $ '\S $ TI*&- 21
Caltra s detail 27B t GEW d5
Dollars per Linear Foot
White edgeline w/cross 583 LF $ J(@ $ s%3;a
hatches per Caltrans detail
278 at
BSJe ~aU4/t
22
Dollars per Linear Foot
White edgeline w/RPMs per 1,762LF $ 1s- $ 2b'l t3Q
Caltrans detail 2 B at GFW GI..' h 23
24
Dollars per Linear Foot
Skipped lane line w/bots dots 377 LF $ 1 tcd $ 3-77-a
and RPMs per Caltrans detail
Dollars per Linear Foot
72 LF 25 Double-yellow w/RPM per
Caltrans detail 22 at - WL
Dollars per Linear Foot
e= %4 Revised 10/08/03 Contract No. MO-0401 Page 12 of 73 Pages
Approximate
Quantity Unit
and Unit - Price - Total
255 LF $ 179 $ Zc13Irn
Item
__. No. Description
26 Lane drop at exit ramp per
Caltrans detail 37 at G&b - L&
Dollars per Linear Foot
27 Paint 12" white stop bar
Dollars Each
28 Paint 12" two-line crosswalk
(white or yellow with stripes,
thermoplastic) at
T-r3 ILhb Mb
Dollars Each
29 Paint yield pavement legend
(thermoplastic) at &x#m oitrs
Dollars Each
30 Paint "SIGNAL AHEAD"
pavement legend
(thermoplastic) at w t5+AQ.r
Dollars Each
31 Paint "Slow School Crossing"
pavement legend
(therm0 lastic) at 7- $!A& fib
Dollars Each
32 Paint railroad crossing stop
bar 24" (detail 65) at %klk noh5
Dollars Each
e=- ts Revised 10/08/03 Contract No. MO-0401 Page 13 of 73 Pages
- - Item - No. Description
33 Paint crosswalk w/cross -
hatches at
7- w Mb -
Dollars Each
34 Paint "35", "45" pavement
legend (thermoplastic) at
6% bbgg
d
Dollars Each
35 Paint pavement arrows
(Caltrans Types IV and VII)
thermoplastic at
GFcu,T- ('d\.shs -
Dollars Each
Approximate
Quantity
and Unit
2 EA
5 EA
40 EA
Unit - Price Total
$ 91.d $-
OPENED, WITNESSED AND RECORDED:
- Total amount of bid in numbers: $ 9 q,2)oJ 3
Price(s) given above are firm for 90 days after date of bid opening.
Addend um(a) No(s).
proposal. hadhave been received and idare included in this
The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number 823 '60% , classification C-32- which expires on
, and that this statement is true and correct and has the legal effect of Yi'3010G
an affidavit. cbu-
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time the
contract is awarded, the contractor shall be properly licensed. Public Contract Code § 201 04.
4% %# Revised 10/08/03 Contract No. MO-0401 Page 14 of 73 Pages
License Detail Page 1 of 2
piq.
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 823802
Description
PARKING AND HIGHWAY IMPROVEMENT
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.
are disclosed.
the arbitration.
onto the Board's license data base.
Per B&P 7071 .17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
Extract Date: 06/09/2004
* * * Business Information * * *
PCI
P 0 BOX 16118
LONG BEACH, CA 90806
Business Phone Number: (562) 21 8-0504
Entity: Partnership
Issue Date: 09/09/2003 Expire Date: 09/30/2005
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
,"- * * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 81 89-14-69 in
http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 6/9/2004
License Detail Page 2 of 2
the amount of $10,000 with the bonding company
FEDERAL INSURANCE COMPANY. Effective Date: 01/01/2004
Contractor's Bonding History
BOND OF QUALIFYING INDIVIDUAL(1): A qualifying partner is not required to post a bond of qualifying individual.
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
VIRGINIA SURETY COMPANY, INC.
Policy Number: lCW50115300 Effective Date: 10/15/2003 Expire Date: 10/31/2004
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
Personnel List Other Licenses
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
6 2003 State of California. Conditions of Use Privacy Policy
6/9/2004
Personnel List Page 1 of 1
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 823802
Click on the person's name to see a more detailed page of information on that person.
Name Association Disassociation More Title Date Date Class
09/0 9/2 003 WILLIAM GARLAND QUALIFY
JACOB PARTNER C32
PARTNER 09/09/2003 PAVING
CONTRACTORS INC
09/09/2003 W G W ENTERPRISES PARTNER p&
- - License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2003 State of California. Conditions of Use Privacy Policy
6/9/2004
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 f;;l Ra;$s (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 I , 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.
t$ Revised 10/08/03 Contract No. MO-0401 Page 15 of 73 Pages
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(I) Name under which business is conducted -
- (2) Signature (given and surname) of proprietor
I-
e
--
(3) Place of Business (Street and Number)
City and State
(4) Zip Code Telephone No.
(5) E-Mail
IF A PARTNERSHIP, SIGN HERE:
(I) Name under which business is conducted ki
(2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner)
- WIbAh 6, )&.bo - PiL
\\os 6 ckl 4. - (3) Place of Business
(Street and Number) - City and State WidA
(4) Zip Code 70 Sot, Telephone No. (52) 21'6- d
- (5) E-Mail
I
Revised 10/08/03 Contract No. MO-0401 Page 16 of 73 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES } SS.
On bt%Ioc( , before me, Celeste A. Graham Notary Public ,
Name and Title of Officer (e.g.. "Jane Doe, Notaty Public") Dale
personally appeared WILLIAM G. JACOB PRESIDENT, PCI I
Name(s) of Signer@)
Dl personally known to me
0 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 helshelthey executed
LQ~~~~,!~~~~~ the same in his/her/their authorized
J:A~ Sairrni:sicn EYP,~.~?~; j3iv 23, y3j 1 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.
Lc~.q.".p T'"... < +' -p-Fp"ln 'Iu.*GcpI"$
WITNHS my hand and official sejql.
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:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited n General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 National Notary Association * 9350 De Solo Ave , P.O. Box 2402 * Chatsworlh, CA 91313-2402 www.nationalnotaryorg Prod No. 5907 Reorder: Call Toll-Free 1-800-876-6827
.-
I
I
IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted
(Signature) (2)
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
City and State
(Street and Number)
(5) Zip Code Telephone No.
(6) E-Mail
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
U\\h h hA- I?&&
L~hr Q. AmJ b
- 4% r(lls Revised 10/08/03 Contract No. MO-0401 Page 17 of 73 Pages
BID SECURITY FORM
(Check to Accompany Bid)
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
(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 ($ )I 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.)
4-+ kg Revised 10/08/03 Contract No. MO-0401 Page 18 of 73 Pages
BIDDER’S BOND TO ACCOMPANY PROPOSAL
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
KNOW ALL PERSONS BY THESE PRESENTS:
That we, PCI , as Principal, and Federal 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 (1 0%) of the bid amount) ,Pen p e r c en t o f the b id for which
payment, well and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-
bounden Principal for:
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
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.
... ... . .. ... ... . .. . .. . .. ... .*. ... . .. ... ... ... ... ... ... ... ... ... ... ... . ..
% Revised 10/08/03 Contract No. MO-0401 Page 19 of 73 Pages
,.
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 1 s t day of June I 20%.
PRINCIPAL:
PCI
(print name here)
(Title and Organization of Signatory)
day Executed by SURETY this 1 s t
of June lz@4 .
SURETY:
Federal Insurance Company
(name ofsurety)
(address of Surety)
801 So. Figueroa Street
Los Angeles, CA 90017
- ___- By: (sign here) (213) 612-5573
(telephpne number of Surety)
(title and organization of signatory) Douglas A. Rapp I- (printed name of Attomey-in-Fact)
1i -
!? (Attach corporate resolution showing current power of attorney.)
I”
I (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
,By:
Deputy City Attorney 1
b Revised 10/08/03 Contract No. MO-0401 Page 20 of 73 Pages
.- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i
State of California } SS. County of ORANGE
, before me, CHRISTOPHER J- COATS. NOTARY PUBLIC ,
Name and Title of Officer (e.g.. “Jane Doe, Notary Public”)
On 6/1/2004
personally appeared DOUGwls A. KAPP
Date
I Name@) of Signer(s)
personally known to me
0 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 helshelthey executed
the swe in hislherltheir authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
CHRISTOPHER J. COATS
Place Notary Seal Above
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:
Individual
0 Corporate Officer - Title(s):
Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
Guardian or Conservator
0 Other:
Signer Is Representing:
Prod. No. 5907 Reorder: Call TolCFres 1-8008766827 0 IS99 National Notary Association * 9350 De Solo Ave.. P.O. Box 2402 - Chafworlh, CA 91313-2402 * www.nalionalnotaly.org
POWER Federal Insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road Chubb 'IC Surety ATTORNEY Pacific Indemnitv ComPanv Warren. NJ 07059 -
I
:now All by These Presents, That FEDERALINSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp or
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or
executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument
referred to in said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2 2 nd day of January, 2 0 0 4
Kenneth C. Wendel, Assistant Secretary
STATE OF NEW JERSEY
County of Somerset
athis 22nfbyof January, 2004 , before me, a Notary Public of New Jersey, petsonally came Kenneth C. Wendel. to me known
to &Assistant Secretary of FEDERAL INSURANCE COMPANY, VlGllANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the
foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY,
VlGllANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are
such corporate seals and were thereto affixed by authority of the By-Laws of said Companies; and that he signed sald Power of Atlorney as Assistant Secretary of said Companies
by like authm and that he Is acquainted with Frank E. Robertson, and knows him to be Vice President of said Companies; and that the signature of Frank E. Robertson,
subscribed to said Power of Attorney is in the genuine handwriting of Frank E. Robertson, and was thereto subscribed by authority of said By-Laws and In deponent's presence. - otarial Seal Karen A. Price
Noiary Public Siate of New Jersey
IYO. 2231647 Notary Public -.- i.. ." ,-t c c* 1 r,~r
bv , I I ; 1 3' -' '' '' 2 ,.&#CIACATION
E FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Wce President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may
be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of
attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or
undertaking to which it is attached."
I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITYCOMPANY
(the 'Companies") do hereby celtify that
(i) the foregoing extract of the By-Laws of the Companies is true and corred, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U. S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U. S.
Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney IS true, correct and in full force and effect
1st Given under my hand and seals of said Companies at Warren, NJ this day of m, 2004
-*-
Kenneth C. Wendel. Assistant Secretary
IN THE EVENTYOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3485 F~x (908) 903-3656 e-mail: surety@chubb.com
Form 1510-0225 (Ed. 4-99) CONSENT
*'
.- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,-
.I
State of California } SS. County of SQn R\ Qa n
N e and Title of Oflcer (e g , bJahe Doe Notary Public") On b 1 1010 , before me, <e.\\- MU
personally appeared a \lilQm Gar hn 3 Ta
De
cob
Name(s) of Signer($
Place Notary Seal Above
0 personally known to me
evidence
to be the person
' authorized
subscribed to th
acknowledged to me that he/- executed
the same in his-
capacity(&), and that by his/m
signature($ on the instrument the person@$, or
the entity upon behalf of which the personH
acted, executed the instrument.
proved to me on the basis of satisfactory
WITNESS my hand and official seal.
ignature of Notary Pubic
I& b&
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:
0 Individual
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
0 Corporate Officer - Title(s): I I
Signer Is Representing: I
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402. Chatsworlh. CA 91313-2402 - w.natlonalnotary.org Prod No. 5907 Reorder: Call Toll-Free 1-800-8766827
TO WHOM IT MAY CONCERN;
PCI, A CALIFORNIA GENERAL PARTNERSHIP, CONSISTING OF THE FOLLOWING
PARTNERS:
1. PAVING CONTRACTORS, INC.
2. WGJ ENTERPRISES, INC.
BOTH PARTNERS HEREBY AUTHORIZE ANYONE OF THE FOLLOWING PERSONS
TO SIGN, ON BEHALF OF, AND TO BIND PCI, A CALIFORNIA GENERAL PARTNER- -
SHIP TO CONTRACTS, BID PROPOSALS, ADDENDUMS, PERMITS AND BONDS.
PCI, A CAL-O~NIA
C.P: BROWN, PRESIDENT OF PAVING CONTRACTORS, INC., PARTNER
PCI, A CALIFORNIA GENERAL PARTNERSHIP BY
WILLIAM G. JACOB, PRESIDENT OF WGJ ENTERPRISES, INC, PARTNER
Company Profile Page 1 of 2
Company Profile
FEDERAL INSURANCE COMPANY
P.O. BOX 1615
WARREN, NJ 07061-1615
800-252-4670
Agent for Service of Process
JAMES V. LALOR, 801 S. FIGUEROA STREET SUITE 2400 LOS ANGELES, CA 90017
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 2028 1
NAIC Group #: 0038
Date authorized in California: December 18, 1902
Company Type: Property & Casualty
State of Domicile: INDIANA
California Company ID #: 0059-6
License Status: UNLIMITED-NORMAL
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terns, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co_prof?p~EID=2652 6/9/2004
Company Profile
1
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Page 2 of 2
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 - April 26,2004 02:22 PM
Copyright Q California Department of Insurance
Disclaimer
http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=2652 6/9/2004
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.
I_
-
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor whom the Bidder proposes to perform work or labor or render service in or about the
work or improvement, and every subcontractor licensed as a contractor by the State of California
whom the Bidder proposes to specially fabricate and install any portion of the work or improvement
according to detailed drawings contained in the plans and specifications in excess of one-half of one
percent (0.5%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets
and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars
($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be
set forth and included as an integral part of the bid offer.
The Designation of Subcontractors form must be submitted as a part of the Bidder‘s sealed bid.
Failure to provide complete and correct information may result in reiection of the bid as non-
responsive.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder
proposes as installer of said materials. The value of material incorporated in any Subcontractor-
installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder
proposes to be performed by the Subcontractor installing said item.
When a Subcontractor has a Carlsbad business license, the number must be entered on the proper
form. If the Subcontractor does not have a valid business license, enter “NONE in the appropriate
space.
When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a
bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The
explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to
perform no less than fifty percent (50%) of the work with its own forces.
- Determination of the subcontract amounts for purposes of award of the contract shall be determined
by the City Council in conformance with the provisions of the contract documents and the
Supplemental Provisions. The decision of the City Council shall be final.
%# Revised 10/08/03 Contract No. MO-0401 Page 21 of 73 Pages
.
.-
Contractor is prohibited from performing any work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or
1777.7.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated.
.-
I- -
e= %# Revised 10/08/03 Contract No. MO-0401 Page 22 of 73 Pages
.
--
I._
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this
bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, “Subletting and Subcontracting Fair Practices Act.“ The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder’s total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($lO,OOO), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
SUBCONTRACTOR’S BID ITEMS
Subcontractor’s License No.*
Page i of \ pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted
by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.”
4w ts Revised 10/08/03 Contract No. MO-0401 Page 23 of 73 Pages
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
I
4) Revised 10/08/03 Contract No. MO-0401 Page 24 of 73 Pages
CI ** MONRLY TRIAL BALANCE +*
December 2002
Page 1
02/12/03
Acct# Account Name
101
102
103
I04
105
106
107
108
109
110
112
114
116
117
118
119
120
121
122
123
124 ---
12
126
127
128
129
130
131
132
133
134
135
136
151
154
155
156
158
159
163
165
166
167
168
171
172
173-
17
Cash in Bank - General
Cash in Bank - Inc
Cash in P/R - Inc.
Cash in Bank - Payroll
Petty Cash
Cash in Bank - Plans
Sa vi ngs Accounts
Short Term Svgs
Notes Receivable Jacobs
Exchange
Accts Receivable- Jobs
Accts Receivable- Other
Accts Receiv- Retentions
Loan Rcvble - JAG
Short term Loans-Inc.
Emp. Loan-Davey
Employee Adv./Molinar
Employee Loan - Fleische
Employee Loan - Guer rero
Loan-Rhodes/Hol linger
Loan-Gal indo
Inventory
Loan -Ga rc i a
Employee Loan -Zaba 1 za
Short Term Loans (Jag)
Inventory Suspense
Loan-Luera
JAG Loan-Wells Cargo Tra
JAG Loan-14'Fl tbd( 79-01 1
JAG/Loan/Landoll Trailer
JAG loan-Jerico Grinder
Accnt s Recv bl e- Inc .
Accnts Recvble Ret-Inc.
Deposits
Prepaid Insurance
Advance on A/P
Prepaid Interest
Prepaid Taxes
Prepaid Other
Real Estate
Buildings
Accum Depr- Buildings
Furniture, Fixtures
Accum Depr- Furn & Fixt
Shop Equipment
Accum Depr- Shop Equip
Autos, Trucks
Accum Depr- Autos,Trucks
Beginning Ba 1 ance
53,036.90
16.482.40
-59.57
812.31
750.00
434.36
53,825.48
0.00
0.00
0.00
718,878.75
0.00
81.055.77
36,500 .OO
3,300 .OO
1,200.00
0.00
0.00
0.00
0.00
33.41
0.00
0.00
300.00
0.00
0.00
2.100 .oo
0.00
0.00
0.00
0.00
3,994.64
0.00
11,566 .OO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
-60.434 .OO
20,425.52
-17,601.00
0.00
0.00
76.690 .a3
ASSETS
(Continued)
Debits
3,909,148.30
0.00
0.00
0 .oo
0.00
507.72
0.00
2,410.63
7,803.00
0.00
177,360.10
0.00
1.500.00
0.00
0.00
1.624.13
0.00
0.00
0.00
0.00
0.00
15,728.79
0.00
2,500 .OO
4,236.34
7 240.87
9,103.72
0.00
36.415.54
7,423.08
0.00
0.00
800.00
0.00
0.00
0.00
0.00
29,722 -36
0.00
7.425.47
0.00
0.00
0.00
a8a ,472.78
3,438,343.78
aoo. oo
8.551.75
0.00
Credits Ending Balance
3,964,573.37
16,482.40
0.00
897,947.96
0.00
434.36
22,750.00
0.00
2,410.13
6.074.00
3.703.378.34
0.00
132,776.43
10,000 .oo
0.00
2,613.75
0.00
0.00
1,624.63
0.00
33.24
0.00
0.00
300.00
15,515.32
0.00
4,500.00
0.00
0.00
0.00
0.00
0.00
0.00
21,925.91
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
7.423 .a8
~~
-2,388.17
0.00
-59.57
-8,662.87
750.00
0.00
31,583.20
0.00
0.50
1.729.00
453.844.19
0.00
125,639.44
26,500.00
4,100.00
26.25
0.00
0.00
-0.50
0.00
0.17
0.00
0.00
0.00
213.47
0.00
100.00
4,236.34 a, 551.75
7,240 .a7
9,103 -72
3,994.64
0.00
26,055.63
0.00
0.00
0.00
800.00
0.00
0.00
0.00
0.00
106,413.19
-60.434.00
27.a50.99 - 17,601 .OO
0.00
0.00
*+ WNT'dLY TRIAL BALANCE *+
December 2002
Page 2
02/12/03
Acctll
171
178
190
191
194
196
199
- Account Name
~~
Construct ion Equi pment
Accum Depr- Constr Equip
Organizational Costs
Accum Amortization
Other Assets
Investments
A/R Suspense
TOTALS of ASSETS:
Acct#
201
207
208
209
21 1
21 2
21 ?-
2.
216
220
240
250
25 1
252
253
254
255
256
260
262
263
264
265
267
270
271
275
276
278
280
281
290
29S-
- Account Name
ASSETS (Continued)
Beginning Balance Oebits
523,821.08 116,188.54
-363,852 -50 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
-900.00 21,512.61
1,162.360.38 8,694,819.5 1
LIABILITIES
Beginning Ea 1 ance Debits
Credits Ending Balance
5,236.34
0.00
0.00
0.00
0.00
0.00
20.612.61
634,773.28
-363,852 .SO
0.00
0 .oo
0.00
0.00
0.00
8,836,671.87
Credits
1,020,508.02
Ending Balance
Salaries & Wages Payable
Notes Payable-GAP
Accounts Payable - Equip
Notes Payable-Short term
A/P Accrual
Accts Payable- Trade
Accnts Payable: Inc
Accts Payable- Subcon
Accts Payable- Retention
Accts Payable- Employees
Sales Tax Payable
Payroll Tax Pay - FIT
Payroll Tax Pay - FICA
Payroll Tax Pay - FUTA
Payroll Tax Pay - SIT
Payroll Tax Pay - SDI
Payroll Tax Pay - SUI
Payroll Tax Pay - SETJ
Other Payroll Withheld
Garn i s hmen ts
Accrued FICA P/R Taxes
Accrued FUTA P/R Taxes
Workers' Comp Payable
Accrued G L Ins.
Unions Payable
Union Dues
Accr Liabilities- Other
Accrued Union Benefits
Pension Plan Accrual
Inc Tax Payable- Federal
Inc Tax Payable- State
Long Term Debts
Notes Payable Pac Centur
A/P Suspense
16,930.32
0.00
0.00
0.00
0.00
41 5 , 1 1 9.63
0.00
0.00
0.00
6,000.00
0.00
0.00
1.295.15
136.28
0.29
0.75
595.38
0.08
0.00
398.64
0.00
0.00
9,506.62
0.00
21.809.51
627 -41
0.00
0.00
25.500 .OO
0.00
0.00
0.00
71,000 -00
0.00
16,930.32
0.00
0.00
0.00
0.00
2,051,164.73
0.00
5.784.88
0.00
11,300.18
0.00
151,325 -07
188.301.99
1.985.32
40.701.77
8.662.84
8.618.50
236.08
0.00
2.850.36
0.00
0.00
80,374.58
0.00
206.685.64
4,103.00
0.00
0.00
25.500 .OO
0.00
0.00
0.00
24,000.00
0.00
0.00
0.00
0.00
0.00
0.00
1,890,490.44
0.00
5,784.88
0.00
5.300.18
0.00
152.792 -79
189,389.43
1,092.88
41.064.82
8,691.38
8,044.57
236.61
0.00
2,544.09
0.00
0.00
78.872.51
0.00
197.497.95
4.522.00
0.00
0.00
0.00
0.00
0.00
0.00
851.18
0.00
0.00
0.00 *
0.00
0.00
0.00
254.445.34
0.00
0.00
0.00
0.00
0.00
1,467.72
2,382.59
43.84
363.34
29.29
21.45
0.61
0.00
92.37
0.00
0.00
8,004.55
0.00
12,621.82
1,046.41
0.00
0.00
0.00
0.00
0.00
0.00
47,851.18
0.00
~~ ~
TOTALS of LIABILITIES: 568,920.06 2,828,525.26 2.587.975.71 328.370.51
(Cont i nued 1
CI +* MONTHLf TRIAL BALANCE **
Oecember 2002
Page 3
02/12/03
EQU IT1 ES
AcctB Account Name
310 Capital - Paving Contrs
311 Capital- Jacob
320
321 Owner Draw - Jacob
325 Retaining Earnings
TOTALS of EQUITIES:
Owner Draw - Paving Cont
Acct# Account Name
Beginning Ba 1 ance
490,135.16
108.422.23
-30,200.00
-9,800.00
34.882.93
593,440.32
Beginning Balance
Oebits Credits
16,482.40 0.00
0.00 0.00
15,300 .OO 0.00
31.700.00 0.00
0.00 0.00
63.482 -40 0.00
SALES
Debits
TOTAL LIABILITIES & EOUITIES:
Credits
Ending Balance
473,652.76
108.422.23
-45,500.00
-41,500 .OO
34,882.93
529.957.92
85a.328.43
Ending Balance
400
401
420
430
440
450
4C.h
4.
Contract Sales
Sa1es:Inc Prev Yrs
Discounts Allowed - A/R
Other Sales - Inc
NonTaxa bl e Sa 1 es
Interest Income
Gain /Los s - Sa 1 e of Asset
Other Income Inc
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 .oo
0.00
0.00
3.614.452 .OO
0.00
0.00
0.00
0.00
507.72
0.00
0.00
3,614,452.00
0.00
0.00
0.00
0.00
507.72
0.00
0.00
TOTALS of SALES:
Acct# Account Name
0.00
COST OF SALES
Beginning Bal ance Debits
0.00 3.614.959.72
Credits
3,614.959.72
Ending Balance
541
542
543
544
545
551
552
553
554
555
562
590
Cost of Contracts- Labor
Cost of Contracts- Mat'l
Cost of Contracts- Subco
Cost of Contracts- Equip
Cost of Contracts- Other
General Cost- Labor
General Cost- Material
General Cost- Subcon
General Cost- Equip
General Cost- Other
Cost of Goods Sold
Discounts Taken - A/P
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
900,809.13
678,789.87
459,343.53
164,462 -29
26.962.07
2,161.96
467,453.87
0.00
234.607.24
219.63
0.00
0.00
~
0.00
0.00
975,OO
290.00
54.50
8.657.13
462,597.06
0.00
225 .OO
0.00
0.00
10,790.74
900,809.13
678.789.87
458,368,53
164.172.29
26,907.57
-6,495.17
4,856.81
0.00
234,382.24
219.63
0.00
-10.790.74
TOTALS of COST OF SALES:
t
0.00 2,934,809.59 483,589.43
GROSS PROFIT ZCM OPERATIONS:
(Continued)
2,451.220.16
1,163,739.56
CI . ** MONTHLY TRIAL BALANCE ** Page 4
December 2002 02/12/03 --
I NOIRECT EXPENSES
Acct% Account Name Beginning Ea lance Oebits Credits Ending Balance
601
602
603
604
605
606
610
620
621
622
623
624
629
630
632
641
64 2
64 3
644
645
651’-
65.
660
690
692
694
696
697
698
Field & Yard Supervison
Other Wages, Salary .Bonus
Payroll Tax Expense
Insurance- Workers’ Comp
Union Vac Costs Applied
Union Benefits
Employee Benefits
Small Tools
Yard Salaries
Operating Supplies
Yard Labor Misc.
Yard Vehicle Rent
Const. Vehicle Costs-Gas
Equipment Cost -Repairs
Equipment Cost- Add-on E
Equipment Cost- Small to
Equi pmen t Cost -Ma i n t enan
Equipment Cost - Licenses
Equipment Repair
Rep L Main- Yard
Shop Rent
Otherwages ,S1 ry .Bonus
Indir Overh Cost Applied
Indir labor Cost Applied
Equipment Cost Applied
Cost of New Hires
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
~~ ~~~
157 ,308.15
18,600 .OO
79,710.94
0.00
141,073.20
638.50
1,006.81
93,295.33
30.428.08
5,497.80
0.00
11.000.00
454.10
0.00
91.556.91
11,720.36
2,807.33
121822.19
84.00
61,907.24
22.887.31
0.00
0.00
0.00
0.00
0.00
0.00
612.30
76.093.98
1.634.62
0.00
1.449.55
0.00
2.075.64
0.00
0.00
1.838.47
877.96
0.00
0.00
0.00
0.00
0.00
18.920.35
0.00
0.00
0.00
0 .oo
6.911.27
0.00
0.00
0.00
0.00
0 -00
231,264.94
147.183.50
0.00
6 .a73 23
155,673.53
18,600.00
78,261.39
69,220.75
0.00
138.997.56
638.50
1.006.81
91,456.86
29,550.12
5,497.80
0.00
11,000.00
454.10
0.00
72,636.56
11,720.36
2.807.33
12,822.19
84.00
54,995.97
22,887.31
0.00
0.00
0.00
0.00
-231,264.94
-147 ~83.50
612.30
TOTALS of INOIRECT EXPENSES:
Acct#
701
702
703
704
705
706
707
7 08
709
71h
7:
- Account Name
0.00 819.504.53
GENERAL & AOMIN EXPENSES
Beginning Balance Debits
419,029.53
Credits
400,475 .OO
Ending Balance
~~
Salaries L Wages-Officer
Salaries & Wages- Estima
Payroll Tax Expense
Insurance- Workers’ Comp
Office Salaries
Employee Benefits
Admin Other Wages.Salary
Pension Plan Expenses
Employee Pension
Insurance- General
Advert is ing
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
81.758.20
136.777.31
25,161.42
10,417.11
76,464.47
I, 002.18
17,200 .OO
3.847.75
0.00
32,596.86
62.00
6,958.00
2.392.30
573.60
285.91
1,449.80
0.00
0.00
0.00
0.00
0.00
0.00
74,800.20
134,385.01
24.587.82
10,131.20
75,014.67
1.002.18
17,200.00
3.847.75
0.00
32,596.86
62.00
(Continued)
CI . ** M"LY TRIAL BALANCE ++ Page 5
December 2002 021 12/03
-
GENERAL & ADMIN EXPENSES (Continued)
Acctll
712
720
730
732
7 33
736
740
741
742
743
746
749
750
751
760
761
764
765
766
772
176
78L
7:
788
7 90
798
-
786
Account Name Beginning Ba 1 ance Debits Credits Ending Balance
Dues and Subscriptions
Office Suppl and Expense
Telephone
Uti 1 i ties
Bonding Costs
Employee Health Ins.
Rent
Rpr & Maint - Office
Communications
Legal and Accounting
Travel
Entertainment -Food
Business Promotion
Business advancement
Repair & Maintain- Autos
Veh ic 1 e Reimbursement
Rep h Main- Office Equip
Office Equip. Lease
Gas and Oil
Outside Services
Bank Charges
Taxes and Licenses
Estimating Costs
Bad Debts
Interest
Depreciation
Mi scel 1 aneous
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,345 .OO
34,963.02
8.190.09
1,200 .oo
0.00
24,000 .OO
25.167 .OS
26.300.90
1,500 .oo
18,569.53
4.271.95
112.71
10,800.00
1.034.00
0.00
7.224.33
0.00
0.00
1.263.66
2,844.56
0.00
4.014.14
0.00
1,277 .I4
48.234.77
2.087 .5 7
2,720. a0
0 .oo
33.77
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
120.00
0.00
0 .oo
0.00
0.00
0.00
19.95
0.00
13.00
0.00
0.00
0.00
1.258.46
0.00
683.48
335. 2a
~~~ -
3.345.00
34,929.25 .
8,190.09
1.200.00
0.00
48,234.77
24,000.00
2,887.57
24,831.77
26,300.90
1.500.00
2.720.80
18,449.53
4,271.95
112.71
10.800.00
1.034.00 '
0.00
7,204.38
0.00
-13.00
1,263.66
2,844.56
0.00
2.755.68
0.00
593.66
TOTALS of GENERAL & ADMIN EXPENSES:
Acctfl Account Name
800 Interest Income
810 Gain/Loss-Sale Fix Asset
820 Rental Income
-
TOTALS of OTHER INCOME:
0.00
OTHER INCOME
615.208.52 14.123.55
NET INCOME FROM OPERATIONS:
601.084.97
162.179.59
Beginning Balance Debits Credits Ending Balance
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
NET INCOME BEFORE TAXES: 162,179.59
(Continued 1
CI ++ YONTHLY TRIAL BALAKE *+
December 2002
Page 6
02/12/03
I
Accts
981
982
999
-
INCOME TAXES
Account Name Beginning Ba 1 ance Debits Credits Ending Balance
Federal Income Taxes 0.00 0.00 0.00 0.00
State Income Taxes 0.00 0.00 0.00 0.00
Inter -Accoun t Transfer 0.00 0.00 0.00 0.00
TOTALS of INCOME TAXES: 0.00 0.00 0.00 0.00
NET PROFIT: 162,179.59
TOTALS : 15,956,349.81 15,956,349.81 0.00
I BIDDER'S STATEMENT OF
- TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
The Bidder is required to state what work of a similar character to that included in the proposed
Contract helshe has successfully performed and give references, with telephone numbers, which will
enable the City to judge hidher responsibility, experience and skill. An attachment can be used.
-
-
e=
Revised 10/08/03 Contract No. MO-0401 Page 25 of 73 Pages
CITY OF ORANGE
DEPT. OF PUBLIC \nIORKS./TXWFIC
537 W. STRUCK
GRANGE, CA
CHRIS LA FACE
7 14-532-6426
CITY OF RANCHO PALOS VERDES
30 G4.0 HAWlW 0 I? N E E LVD
RAI\ICHO PMOS VERSES, CA 90275
DEAN AUIS3N
31 0-541-5500 -
CITY OF ROLLING HiLLS
2 PORTUGUESE EEND RD
ROLLING HILUS, CA 90274
31 0-377-1 52 1
CITY OF SANTEE
DENNIS BARNES
61 9-253-41 00
CiiY OF VERNON
4305 SANT.4 FE P>VE
VERNQFI, CA 90055
323-583-881 1
STRIPING VARIOUS LOC. 599,982.00
STRIPING VARIOUS LOC. S85,045.00
STRIPII'IG, rAARKINCS AND fJ1A;IKEES
51 12.1 05 00
S200,980 00
FYOl 51 00,GGO 00
CITYWIDE MAINTEPIANCE S25.000 00
VP RiGUS LOCATIONS S21,000 00
E3 I K E IMPROVE ivl E PITS S46.950 90
CITYWIDE .STR I? I N G 0 0-0 1 527.77O.00
660C
JUNE 2031 COCO49
IN PROGRESS 1412C
994C
lid PROGRESS 6743
C ITYb'dI D E ST R I PI N C;
C ITYWi DE STRIP IN G
SI 0,815.00 DEC 2001 863C
S82,OGO.OO MAY 20r31 OCC? 03
STRIPil'iG VARIOUS LOG. $!3.750.00 IN PROGRESS 1397C
RPbI IN STALLATION s120,000.00 iN PHQGRESS IG?'. dc,
RAISED PAVE:viENT MAR!<ERS s20,o 0 0.0 0 703C
20130 $20,000 00 L!AY 2091 0 0 c, 0 $- 9
A hi iS LIP, L STRIPING
DEPT. WATER PO'UIIEX (LA)
PO BOX 51 11 1
!.OS ANGELES. CA 90061
MARY BETH WILSON
PARKING STEUCTURE
CETOUFI STRIPING
TI D E'JN i3 S A F? EA
L. I f\1 D R E RG H F! E LD
L! N D B E RG li F 1 E LD
SI 4.845.90 IN PRCGRESS 1391 N
S225,700.0@ IN PROGRESS 895C
S1~5,E25.00 r,AARCH 2002 85OC si 58.3C)O.C0 JUNE 2001 0 0 c2 8 5
'c' P, ,..!+.. _.IEC-;O REGlGNAL ?.IKPORT AUTH.
PO BOX 82776 SAN @IEGO AIRPORT 2003 s252,500.00 Ii\i PRiXZESS 142ilc
SAN DIEGO, CA 921 38 rm- SAP4 DIEGO AIRPORT 2002 s 7 5 7,500, C :I &>.3C
JERONIMG CHAVEZ
81 9-400-2406
_--
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
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:
I.
- /Comprehensive General Liability
/Automobile Liability
/workers Compensation
-
- dEmployer'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.
e= ts Revised 10/08/03 Contract No. MO-0401 Page 26 of 73 Pages
QUG-19-2004 12:00 FR0M:PCI 5622188021
From: Amy Cannon At Tho Wodltah Cmpnny FexlD: To: Qoty Rlvorc
PATS ~mmnmi INSURANCE 08/19/04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOAMATlQN ONLY AND CONFERS NO RIQHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERA- AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDlNa COVEAAQE NAK I
INSLRERA 'ViXginh..
INWRER t)
Tbe Wooditch Campmy Znsuzance Services, Inc . I. park Plaza, #A00 xmim cA 926111
~pbonc:949-553-9800 IFax:949-553-0670
NBURCn - - .-- --
Cqanx, . xllq. ,
-.
PCI P.O. Box 16118 Sonu Beach C& 908Q6
li- - I 1
10/01/03
I I 6AlUCI7 LlAaLlfY -+------ I I CI
WPLDYERB' LlABtLlTY
WY fl?OPRIFlOHIPARTKE(IEKEOJTIVE 1cpm0115700 FIKTRNCMDCR EXCLIJDED?
1 lo/~.s/oa
I I I
11/01/04
kixcept 10 mys Motice of Cancallation for mn-Paymeat of Prdum.
3ty of Carlsbad 1a name4 a6 Additional Inmisad as respects benatal Libility
W-0401, slzeet Sweephg and Pavement: Mark:.ng.
per attached endoreamant. Re: PCX Job #191r;c, City a€ Crrclmbbad'u Job
THf3 WTDB AMD SUPERSEDES THlt PRBVIOUS CEllTIFZClrTK MTED 07/14/09. QLXC
CANCELUITION - :ERTlRCATE HOLDER
CI2710C3
City of cnzlnbaa 3635 Fazady Avenue
CarLsbad CA 92008
CR ACORD CORPORATIO
^-
e
_-
RUG-19-2004 12:00 FR0M:PCI 5622188021
Fmm: Amy Cannon At: The Wodltdi Compnny FdD: To: cj.lry Mrs
T0:9P17606028556 P: 3’4
Mlo: LylBt2D04 1 1 :I6 AM mge: J ffl L)
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ie3) must be endorsed, A statement
on this catlficete does not confer rights to th? certificat,e holder in lleu of such endorsoment(s).
If SUBROGATION IS WAIVED, sub]& to tt r? terms end oondltlone of the pollcy, ceflain pollcles may
requlre an endorsement, A statement on thk cc!rHRcate does not confer rlghts to the certif~cak
holder in lieu of such endorsernent(8).
01 SCLAIMER
The Gertlflcate of Insurance on the mme side of thla form does not consm,ute a contract between
the issulng hsurer(s), authorized reprwsenta Ive or producer, and the certificate holder, nor does it
affirrnatlvely or negathly amend, extend or Mer the coverage afforded by the policies listed thereon.
.CORD 2s izoarras)
RUG-19-2004 12: 00 FROM: PCI 5622188021
~pm: Amy Cannon At: The Moditch Compqny FQxID: To: Gary Rlvere
T0:9P17606028556 P: 4'4
Date: 8lIWGO4 11;46 AM Pia@: 4 a14
COMMERClAL GENERAL LIABILITY
POLICY NUMBER: lCGSOllll400
INSURED: Pa
MIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
The endorsement: rnodlfios insurance provided undor the following:
COMMERCIAL GEN ER/rL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization;
Ci,ty of Carlsbnd
RE: €"I Job #1916C, City of Carlaliad's Job #MO-0401, Street Sweeplng and
Pavement Marking.
(If no entry appears above, informatloti requlrod to complete this endorsement wlll be shown in the Doclarations as applicable to this endorscment.)
WHO IS AN INSURED (Section II) is amonded to include as an insurod the person or
organization shown in the Schodule, but only as respoct to lability arising out of "pUr wrK' for that insured by or for you.
CG 2010 11 86 Copyright. Insurance Sorvices Office, Inc., 1984
I
,I.-
BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in
no
2) If yes, what wadwere the name(s) of the agency(ies) and what wasbere the period(s) of debarment@)? 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:
am of Contractor)
(sign here)
By: !’&-
(print name/title)
Page \ of 3 pages of this Re Debarment form
4- k# Revised 10/08/03 Contract No. MO-0401 Page 27 of 73 Pages
.-
I”
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
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?
- 2) Has the suspension or revocation of your contractors license ever been stayed? f
3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion ever been stayed?
Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of
the violation and the disciplinary action taken therefor.
.- (If needed attach additional sheets to provide full disclosure.)
Page % of 3 pages of this Disclosure of Discipline form
e %# Revised 10/08/03 Contract No. MO-0401 Page 28 of 73 Pages
._
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who's discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
(name of Contractor)
(sign here)
(print namehitle)
Revised
Page? of pages of this
10/08/03
Disclosure of Discipline form
Contract No. MO-0401 Page 29 of 73 Pages
c
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
PUBLIC CONTRACT CODE SECTION 7106
BY BIDDER AND SUBMITTED WITH BID
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
State of California 1
County of 1
) ss.
7
hi\\ 1 m (7. IArc(s , being first duly sworn, deposes
(Name of Bidder)
and says that he or she is S?,Le42IcA
(Title)
nf "I
(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 fore oing is true and correct and that this affidavit was
executed on the 53- day of LJG ,2004 .
,&FA,
Signature of Bidder
Subscribed and sworn to before me on the % day of h*L 120 64.
.-
-.-
(NOTARY SEAL) 5-
Signature of Notary
e 6? Revised 10/08/03 Contract No. MO-0401 Page 30 of 73 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES
} SS.
, before me, Celeste A. Graham Notary Public t
Data Name and Title of Officer (e.g.. "Jane Doe, Notary Public") On 6ldd-l
personally appeared WILLIAM G. JACOB PRESIDENT, PCI , Name@) of Signer@)
[211 personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that 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:
tndividual
0 Corporate Officer - Title(s):
Partner - Limited n General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
0 1999 National Notary Association -9350 De Soto Ave.. P.O. Box 2402 - Chalswotth. CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-8766827
CONTRACT
- PUBLIC WORKS
This agreement is made this JL& day of ,20&, by and between the City of Carlsbad, California, a municipa ereinafter called "City"),
and PC I whose principal place of business
is 1105 EAST HILL STREET, LONG BEACH, CA 90806
(hereinafter called 'Contractor").
City and Contractor agree as follows:
I. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
Restriping of the following arterial roadways:
0
0
0
0
Carlsbad Boulevard - north City limits to south City limits
La Costa Avenue - El Camino Real to 1-5
Melrose Avenue - entire length
Palomar Airport Road - Palomar Oaks Way to east City limits
Installation of thermoplastic pavement at various locations throughout the City as described in the
specifications.
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
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.
Revised 10/08/03 jg Contract No. MO-0401 Page 31 of 73 Pages
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 (SSPW C) 2000 Edition, and supplements thereto, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works Association,
and as amended by the Supplemental Provisions section of this contract. The Engineer will close the
estimate of work completed for progress payments on the last working day of each month.
t-
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 251 17 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the contract.
-
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or
by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1 525) 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.
e- %s Revised 10/08/03 Contract No. M0-0401 Page 32 of 73 Pages
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.
I
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.
IO, Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91-403.
(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 $1,000,000
- per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
4- %$ Revised 10/08/03 Contract No. MO-0401 Page 33 of 73 Pages
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions. -
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, employees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days' prior written notice has been given to the City by certified mail,
return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 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.
e* \$ Revised 10/08/03 Contract No. MO-0401 Page 34 of 73 Pages
(I) 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 I, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included
-
(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, -
init init
California.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter I,
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. x
em %# Revised 10/08/03 Contract No. MO-0401 Page 35 of 73 Pages
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and the
City may be substituted for monies withheld to ensure performance under this Contract.
-
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically
amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR: CITY OF CARLSBAD a municipal corporation of
ame of Contractor)
BV -J' (sign here) ATTEST:
W'\\r4.\ i& )& - o*su
(print name and title)
By:
(sign here)
(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
By:
Deputy City Attom&
e- %$ Revised 10/08/03 Contract No. MO-040 1 Page 36 of 73 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California } ss. County of LOS ANGELES
, before me, Celeste A. Graham Notary Public 1 Dale Name and Title of Officer (a.g.. “Jane Doe, Notary Public”)
personally appeared WILLIAM G. JACOB PRESIDENT, PCI ,
Name(s) of Signer(s)
personally known to me
0 proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hislherltheir authorized
capacity(ies), and that by hidherltheir
signature@) on the instrument the person@), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITy.E;GS,~rny hand and official sea1.L
Signature ofxotah Public
(y7-p-jq L/
OPTIONAL
Though the information below is not required by law, if may prove valuable fo 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:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - U Limited n General
0 Attorney in Fact .
0 Trustee
0 Guardian or Conservator
0 Other:
I Too of thumb here I
Signer Is Representing: u
0 1999 National Notary Associalion * 9350 De Solo Avs.. P.0 Box 2402 * Chaiswonh, CA 91313-2402 www.nalionalnotary.org Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827
LABOR AND MATERIALS BOND mm. a9584-10
F!EfTiuK ll-dl&d
WHEREAS, the City of Carlsbad, State of California, has awarded to PCI
(hereinafter designated as the "Principal"), a Contract for:
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
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, PCI , as Principal, (hereinafter
designated as the 'Contractor"), and Dmtatre as Surety,
are held firmly bound unto the City of Carlsbad in the sum of NINETY-NINE THOUSAND, TWO
HUNDRED TEN & 31/100 Dollars ($ 99.210.31), said sum being an amount equal to: One
hundred percent (100%) of the total amount payable under the terms of the contract by the City of
Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors
and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications. -
a Revised 10/08/03 Contract No. MO-0401 Page 37 of 73 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond. -
Executed by CONTRACTOR this 20th Executed by SURETY this day
day of JULY ,202. of Jilly ,2004.
CONTRACTOR:
Fa
(name pf Cqntractor)
(sign here)
G. Jacob (print name here)
(title and organization of signatory)
..
President - PCI
By: (sign here)
(print name here)
SURETY:
--m?mY
801 s. figE?lr€l= ks&-@s, a90017
(name of Surety)
(address of Surety)
213-612-0880
(signature of Attorney-in-Fact)
LirfklD. axil3
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current power
of attorney)
(title and organization of signatory) 1
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deruty City Attow
Revised 10/08/03 Contract No. MO-0401 Page 38 of 73 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES } ss.
, before me, Celeste A. Graham Notary Public 7-20-04
Dale 1 Name and Title of Officer (e.g.. “Jane Doe, Notaiy Public”) On
personally appeared WILLIAM G . JACOB PRESIDENT, PCI
Nama(s) of Signer(s)
PI personally known to me
0 proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the person(s) whose name(s) islare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hislherltheir authorized
capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITN&S$j,my hand and officjal seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name: ~
Individual
0 Corporate Officer - Title(s):
Partner - U Limited n General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: u
Prod No. 5907 Reorder: Call Toll-Free 1-800-8766827 8 1999 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 Chalsworth, CA 91313-2402 * w.nationaln0tary.org
CALlFORNlR ALL-PURPOSE ACKNOWLEDGMENT
State of California } ss. County of ORANGE
personally appeared LIHDAD. COATS
Name(s) of Siener(S)
CBt personally known to me 0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name@) 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@) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
OPTIONAL
Though fhe 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@) Other Than Named Above: I
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Xtle(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
(7 Other:
Signer Is Representing:
I
each as Wir true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their cocporate seats to and deliver for and OCI
their behalf as surety thereon or otherwise. bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or
executed in the course of business. and any instruments amending or altering the same. and consents to the modification or alteration of any instrument
referred to in said bonds or obligations.
Ln Wtness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have ea&
executed and attested these presents and affixed their corporate seak ~n this 14 th day of May, 2003 .
T. W. &vanaugh, Vm President
STATE OF NEW JERSEY
County of Somerset ss
On this 14 th day of May, 2003 before me. a Notary Public of New Jersey, personally came Kenneth C. Wendel. to me hwn to be
Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNW COMPANY. the companies which
executed the foregoing Power of Altamy, and the said Kenneth C. Wendel. being by me duly sworn. did depase and say that he is Assistant Secretary of
FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof. that
the seats affixed to the foregoing Power of Attorney are such axpotate seats and were thereto affixed by authority of the By-Laws d said Companies; and
that he wgned said Power of Attorney as Assistant Seaetary of said Companies by like author$; and that he k acquainted with T. W. Cavanaugh, and
know him to be Vi President of sard Companies; and that the signature of T. W. Cavanaugh, subscribed to said Power of Attorney is in the genuine
handwriting of T. W Cavanaugh. and was thereto subscribed by authotily of said By-Laws and in deponent's presence. .-
Karen A. Price
Notary Public State of New Jersey
No. 2231647
Notaq=J ; QV,b $$" L G-l . uYafML Commission Eq&&ao3P04 Notary Public
Extract tom the By-Law of FEDERAL INSURANCE COMPANY, VlGlWICT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Canpdnymayandshall be executed in the name and on behatfof the Company, either by the
Charrman or the Resident or a Vm President or an Assistant Vi President, jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved, printed or Hhographed. The signature of each of the foilowing
officers: Chairman, President, any Vi President, any Assistant VI President, any Secretary. any Assistant Secretary and the seal of the
Company may be affixed by facsimile to any power of attorney cx to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-in-Fact for purposes only of exearbng and attesting bonds and undertakings and other writings obligetory in the nature thereof. and any such power of attorney or cerfjticate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bond or undertalong to which it is attached.'
I. Kenneth C. Wendel. Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGIUNT INSURANCE COMPANY. and PACIFIC INDEMNITY
COMPANY (the "Companies") do hereby cerbfy that
(i)
(ii)
the foregocng extract of the &-Law of the Companies is true and correct
the Companies are duly limed and authorized to transact sufety business in all 50 of the United States of America and the District of
Columbia and are auEhoried ty the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S.
Virgin Islands, and Federal is lice& in American Samoa. Guam, and each of the Provinces of Canada except Rince Edward Island; and
(iii) ttm foregomg Power of Attorney is true, cocrect and in full force and effect.
Given under my hand and seals of said Companies at Warren. N.J this 2 0 th day Of Ju 1 y , 2 0 0 4
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY
US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
e-mail. suretyachubb corn
~ __~_ -___ - -
FAITHFUL PERFORMANCEWARRANTY BOND
mm. 8195-84-10 F!mniurc $476.00 WHEREAS, the City of Carlsbad, State of California, has awarded to PCI
(hereinafter designated as the "Principal"), a Contract for:
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, PCI , as Principal, (hereinafter designated as
the "Contractor"), and Ftfkral li-sur;nne , as Surety, are
held and firmly bound unto the City of Carlsbad, in the sum of NINETY-NINE THOUSAND. TWO
HUNDRED TEN & 31/100 Dollars ($ 99,210.31), said sum being equal to one hundred
percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its
successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
-
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
e* %# Revised 10/08/03 Contract No. MO-0401 Page 39 of 73 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond. -
Executed by SURETY this 20th day of 22nd Executed by CONTRACTOR this
day of JIJLy ,20 04 . July 920, OQ
CONTRACTOR: SURETY:
Fa --an€=!Y
(name of Contractor) (name of Surety)
801 s. ficprca sbE&
By: &L-= Lcs -, 04 9OO17
(sign here) (address of Surety)
William G. Jacob 2l3-612-osm
(print name here) (telephone number of Surety)
president - PCI By:
(Title and Organization of Signatory) (signature of Attorney-in-Fact)
President - PCI
(Title and Organization of Signatory)
By:
(signature of Attorney-in-Fact)
Lin%D. mts -. By:
(printed name of Attorney-in-Fact)
(sign here)
(Attach corporate resolution showing current
power of attorney.) (print name here)
(Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney \
4w h$ Revised 10/08/03 Contract No. MO-0401 Page 40 of 73 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES
} SS.
7-20-04 , before me, Celeste A. Graham Notary Public ! Name and Title of Officer (e.g., "Jane Doe, Notary Publlc") On
Dale
personally appeared WILLIAM G. JACOB PRESIDENT, PCI
Narne(6) of Signer(s)
Dl personally known to me
0 proved to me on the basis of satisfactory
evidence
Place Notary Seal Above
to be the personts) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in hislherltheir authorized
capacity(ies), and that by his/her/their
signaturets) on the instrument the person(s), or
the entity upon behalf of which the personts)
acted, executed the instrument.
WITNESS my hand and official seal.
(gg*K Gnaure b;r Notary Public
OPTlONA L
Though the information below is not required by law, it may prove valuable fo persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another documenf.
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: ~
0 Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited n General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing: u
Prod. No. 5907 Reorder: Cali Toll-Free 1-800-876-6827 Q 1999 National Notary Association - 9350 De Solo Ave.. P.O. Box 2402 * Chalsworth, CA 91313-2402 * www.nalionalnolarY.oQ
CALIFORNIR ALLPURPOSE ACKNOWLEDGMENT
1 State of California 1 ssm County of ORANGE
On JUL 2 0 20@4 , before me, -- M- -s l?OTAEY mLIc ,
personally appeared LIEIDAD. COATS
Date Name and Mle d Officer (as., “Jane Doe. Notar/ Public.)
I Name@) of Siiner(s)
[Bt personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that 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@), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WATFSS my.Gand and official se&,,q
place Notary Seal Above
V OPTIONAL
Though the information below is not required by law, it may prove valuable to persons mlying 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:
Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
POWER Federal Insurance Company Attn: Surety Department Chubb OF Viiilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Wm, NJ 07059 - CHUB6
Know All by These Presents. That FEDERAL INSURANCE COMPANY, an Indiana cocpocation. VIGILANT INSURANCE COMPANY, a New ym
ootporabon and PACIFIC INOEMNITY COMPANY. a Wmn corporation. do each hereby constiMe and Wnt Douglas A. Rapp
Linda D. Coats of Laguna Hills, California------------------------------------------------
each as their bue and hwtul Attorney-mFact to execute under such desgnation m their names and to affix theu corporate seaIs to and &her for and on
their behalf as surety thereon or othermse. bonds and undertalangs and other writings oblgatory in the nature thereof (other than hl bonds) glven or executed in the course of busmess. and any mtruments amending or altering the same. and consents to the modfmbon or alteration of any nstrument
referred to m sad bonds or obltgabons
In Witness Whereof sard FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each
executed and attested these presents and affwd their corporate seals on thrs 14th day of May, 2003
fpi. /
T. W. &vanaugh. Vce President
STATE OF NEW JERSEY
County of Somerset ss.
On this 14 th day of May, 2003 , before me, a Notary FuMi of New Jersey. personally came Kenneth C. Wendel, to me known to be Assitant Secretary d FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, arid PACIFIC lNDEh4NilY COMPANY, the companies which
executed the foregoing Power of Attorney. and the said Kenneth C. Wendel, being by me sworn, did dew and say that he S Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By-Laws of said Companies; and
that he sgned said Power of Attorney as Assistant Smetary of said Companies by like avthotity; and that he is acquainted with T. W. Cavanaugh, and knows him to be Vce President of said Companies; and that the signature of T. W. Cavanaugh, subscribed to said Power of Attorney is in the genuine
’- handwriting of T. W. Cavanaugh, and was thereto subscribed by authority of said By-Laws and in deponent‘s presence.
Karen A. Pnce
Notary Public State of New Jersey
No. 2231647
Mhro 0 *,bL 7
81’ E iv Commission Eqg&&,#&Nl4 Notary Public
Extract from the By-Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
“*.I1 powers of attorney for and on behalf of the Company may atd shall be executed in the name and on behan of the Company, either by the
Charman or the President or a Vw President or an Assistant Vi President joint& with the Secretary or an Assistant Secretary. under their
respective desig~W. The signature of such officers may be engraved, printed or lithographed. The signature of each of the fdkMng
officers Chairman. President, any Vi President, any Assistant Vi President, any Secretary. any Assitant Smetary and the seal of the
Company may be affixed by facsimile to any pow of attorney or to any certificate relating thereto appointing Assistant Secretaries or
Attorneys-m-Fact for purposes only of executing and attesting bonds and undertaldngs and other Wngs obligatory in the nature thereof, and
any such power of attorney or ceriibte bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with
respect to any bood or undertaking to which it is attached.’
I, Kenneth C Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNIN COMPANY (the ‘Companies”) do hereby certify that
(I)
(ii)
the loregotng e&act of the By-Laws of the Companies is true and meet, the Compantes are duly licensed and authorized to bansact surety txrSiness in all 50 of the United States of America and the District of
Cdumbta and are authorized by the U.S. Treasury Department; further. Federal and Vigilant are licensed in Puerto Rico and the U.S. Vlrgin Islands. and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Pnnce Edward Island; and
(rii) the foregocng Power of Attorney is true, correct and in full force and effect
Gwen under my hand and seals of said Companies at Warren, KI this 2 0 th day Of July, 2004
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIW THE AUTHENTICITY OF THIS BOND OR NOTIFY
US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Fax (908) 903-3656 e-rnail. sureiy@chi;bb corn
__I__ - - Telecroqe (908) 903-3497
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 Street Striping and Pavement Markings, Contract No. MO-0401
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.
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.
.-
ei +# Revised 10/08/03 Contract No. MO-0401 Page 41 of 73 Pages
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 (I) 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.
IO. 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
.- For Contractor:
For Escrow Agent:
Signa tu re
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
4m ts Revised 10/08/03 Contract No. MO-0401 Page 42 of 73 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:
For Escrow Agent:
Title MAYOR
Name
Signatu re
Address
Title
Name
Signature
Address
Titte
Name
Signature
Address
a Revised 10/08/03 Contract No. M0-0401 Page 43 of 73 Pages
SUPPLEMENTAL PROVISIONS
FOR
STREET STRIPING AND PAVEMENT MARKINGS
CONTRACT NO. MO-0401
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION I -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or
words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are
used, it shall be understood that the direction, designation or selection of the 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.
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.
City Council -the City Council of the City of Carlsbad.
em %# Revised 10/08/03 Contract No. MO-0401 Page 44 of 73 Pages
City Manager - the City Manager of the City of Carlsbad or hidher 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.
c
Engineer - the Public Works Director of the City of Carlsbad or hidher 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 OperatodLessor - 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.
Principal Inspector - The Senior Inspector’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.
1-3 ABBREVIATIONS
13.2 Common Usage, add the following:
Abbreviation Word or Words
Apts ........................................ Apartment and Apartments
Bldg ........................................ Building band Buildings
CMWD .................................... Carlsbad Municipal Water District
CSSD ..................................... Carlsbad Supplemental Standard Drawings
cfs ........................................... Cubic Feet per Second
Comm ................................... ..Commercial
DR .......................................... Dimension Ratio E ............................................. Electric
G. ............................................ Gas
gal ........................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ........................................ Ground Not Visible
gpm ........................................g allons per minute
IE ............................................ Invert Elevation
LCWD ..................................... Leucadia County Water District
.--
4- %# Revised 10/08/03 Contract No. MO-0401 Page 45 of 73 Pages
MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12)
MTBM ..................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit District
OHE ........................................ Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-way
S ............................................. Sewer or Slope, as applicable
SDNR ..................................... San Diego Northern Railway
SDRSD ................................... San Diego Regional Standard Drawing
SFM ........................................ Sewer Force Main
T ............................................. Telephone
UE .......................................... Underground Electric
W ............................................ Water, Wider or Width, as applicable
WVD ....................................... Vallecitos Water District
.-.
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the
Contractor to complete 50 percent of the contract price with its own organization, the Agency may at
its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value
of the work performed in excess of 50 percent of the contract price by other than the Contractor’s
own organization. The City Council shall be the sole body for determination of a violation of these
provisions. In any proceedings under this section, the prime contractor shall be entitled to a public
hearing before the City Council and shall be notified ten (1 0) days in advance of the time and location
of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is
listed in the latest version of U.S. Department of Treasury Circular 570,”.
Modify paragraphs three and four to read: The Contractor shall provide a faithful
performance/warranty bond and payment bond (labor and materials bond) for this contract.
The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price.
The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an
amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000).
Both bonds shall extend in full force and effect and be retained by the Agency during this project until
they are released according to the provisions of this section.
The faithful 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.
e= %# Revised 10/08/03 Contract No. MO-0401 Page 46 of 73 Pages
Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized
to transact the business of insurance in California and whose assets exceed their liabilities in an
amount equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
I) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the
insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officer's certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard Specifications
for Public Works Construction, (SSPWC), 2000 Edition, and supplements thereto, hereinafter
designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern
California Chapter American Public Works Association and Southern California Districts Associated
General Contractors of California, and as amended by the Supplemental Provisions section of this
contract.
The construction plans consist of Drawing No. 402-5, sheets 1 through 3, and are attached hereto.
The standard drawings used for this project are the latest edition of the San Diego Area Regional
Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department
of Public Works, together with the 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.
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) Supplemental Provisions.
3) Plans.
4) Standard Plans.
a) City of Carlsbad Supplemental Standard Drawings.
b) Carlsbad Municipal Water District Standard Drawings.
c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.
d) San Diego Area Regional Standard Drawings.
e) State of California Department of Transportation Standard Plans.
5) Standard Specifications for Public Works Construction. 6) Reference Specifications.
7) Manufacturer's Installation Recommendations.
Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will
take precedence over items 2) through 7) above. Detailed plans and plan views shall have
precedence over general plans.
4- %# Revised 10/08/03 Contract No. MO-0401 Page 47 of 73 Pages
2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications
are used to modify the SSPWC or added to the SSPWC by any of the contract documents the
CALTRANS specifications shall have precedence only in reference to the materials and construction
materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public
Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of
precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all
other matters.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth
submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively
numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal
on the Contractor's letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor's certification statement.
4) Specification section number(s) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals: -
"I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval."
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built"
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (IO) days of completion of
the work. Payment for performing the work required by section 2-5.4 shall be included in the various
bid items and no additional payment will be made therefor.
,-
43 Revised 10/08/03 Contract No. MO-0401 Page 48 of 73 Pages
2-9 SURVEYING
rc 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The
Contractor shall not cover or disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting
an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or
a registered civil engineer authorized to practice land surveying within the State of California,
hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor
shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file comer record@) as required by 35 8772 and 8773, et seq. of the California Business and Professions Code.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and cover
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument
frames and covers shall be protected during street sealing or painting projects or be cleaned to the
satisfaction of the Engineer.
2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall
hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to
construct the work, provide surveying services as required herein and provide surveying, drafting and
other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor
shall be resident on the site during all surveying operations and shall personally supervise and certify
the surveying work.
Add the following section:
- 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the
requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the
Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes grade sheets and survey calculations shall be submitted in bound
form on 215mm by 280 mm (Si/; by 11”) paper. The field notes, calculations and supporting data
shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from
earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Sur\ieyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated
with the date of observation or calculation, be numbered with consecutive page numbers and shall
be readable without resort to any electronic aid, computer program or documentation for any
computer program. The field notes shall be prepared in conformance with the CALTRANS “Surveys Manual”. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California
Business and Professions Code and whenever the Surveyor shall establish, set or construct any
permanent survey monument. SDRS drawing M-I 0 type monuments, bolts, spikes, leaded tacks and
nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or
accessory to, property comers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field
surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed
1 part in 40,000. The record of survey shall show the location and justification of location of all
permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. -
4w %@ Revised 10/08/03 Contract No. MO-0401 Page 49 of 73 Pages
Add the following section:
2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no
greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes
shall be set to show the location and grade of future curbs adjacent to traffic signal locations where
the curb is not being built as a part of this contract. Staking and marking shall be completed by the
Surveyor and inspected and approved by the Engineer before the start of construction in the area
marked. Centerline monument shall have the disk stamped with the date the monument was set and
the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that
are shown on the plans shall be staked and flagged prior to the start of any other activities within the
limits of the work. When curb and gutter does not exist and is not being installed as a part of the
project the location of adjacent facilities being constructed as a part of the contract the Contractor
shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or
other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor
and/or those noted on the plans as to be installed by others.
TABLE 2-9.2.2(A)
Survey Requirements for Construction Staking
Feature Staked
Street Centerline
Clearing
Slope
Fence
Rough Grade Cut
or Fills 2 10 rn
(33’)
Final Grade (includes top of
Basement soil,
subbaseand
base)
Asphalt Pavernen
Finish Course
Drainage Structures, Pipes & similar
Facilities@, 0
Curb
Traffic Signal 0
Signal Poles 8
Controller 0
Stake
Description
@
SDRS M-10
Monument
Lath in soil, painted line In PCC 8 AC
surfaces
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker Stake, Blue-
op in grading
area
RP, paint on
previous
course
RP + Marker Stake
RP + Marker
Stake
RP + Marker
Stake
e= ’4 Revised 10/08/03
Centerline or Parallel to Centerline
Spacing@, Q
5300rn (IOOO’), Street Intersections, Begin
and end of curves, only when shown on the
plans
lath - Intervisible, I 15rn (50’) on tangents & 5 7.5rn (25’) on curves, Painted line -
continuous
lntervisible and 5 15rn (50’)
I 60 m (200’) on tangents, I 15rn (50’) on
.urves when R2 300m (1000’) & 7.5rn (25’) on
curves when Rs 300rn (1000’)
I 15rn (50’)
< 15 m (50’) on tangents & curves when R1
300m (1 000’) & 5 7.5rn (25’) on curves when
R 5 300m (1000’)
s 7.5rn (25’).or as per the intersection grid Joints shown on the plan whichever provides
the denser information
itervisible & 5 7.5rn (257, beginning and end,
BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except
plumbing), Skewed cut-off lines
57.5m (25’), BC & EC, at %A, %A & %A on
curb returns & at beginning & end
Vertical locations shall be based on the ultimate elevation of curb and sidewalk
at each pole 8 controller location
Contract No. MO-0401
Lateral
ipacing @, 0
on street
centerline
it clearing line
3rade Breaks L ~7.6 rn (25’)
N/A (constant offset)
N/A
56.7 rn (22‘)
edge of
pavement,
paving pass
width, crown line & grade
breaks
IS appropriate
( constant offset)
IS appropriate
Setting Tolerance
(Within)
7 mm (0.02’) Horizontal, also see section 2-9.2.1 herein
0.3 rn (1’) Horizontal
30 rnrn (0.1’) Vertical &
Horizontal
30 mrn (0.1‘)
Horizontal
30 rnrn (0.1’) Vertical &
Horizontal
10 mrn (“/e”) Horizontal
7 rnrn (‘/4”) Vertical
10 mrn (“/e”) Horizontal
& 7 rnrn (’/4”) Vertical
10 mrn (“/e“) Horizontal
& 7 rnrn (’/4*) Vertical
10 mrn (;l/~”) Horizontal & 7 rnm (’14”) Vertical
10 mrn (“IS”) Horizontal
& 7 mm (’/4*) Vertical
Page 50 of 73 Pages
IO mm (%”) Horizontal at each junction box location as appropriate Junction Box 0
Conduit 0 -
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake + Line Stake
RP + Marker
Stake + Line
Stake
RP + Marker
Stake + Line Point +Guard
Stake
RP + Marker
Stake + Line Point +Guard
Stake
RP
& 7 mm (’/4”) Vertical
IO mm (‘/E”) Horizontal I 15 m (50’) on tangents & curves when Rr
300m (1 000’) & I 7.5m (25’) on curves when
R I 300m (1000’) or where grade 50.30%
as appropriate
&when depth cannot
be measured from existing !avement 7 mm ( I4 ) Vertical
IO mm (“/E”) Horizontal
& 7 mm (‘/4”) Vertical (when vertical data
needed)
30 mm (0.1’) Vertical & Horizontal
7 mm (’/4”) Horizontal & 7 mm (’/4”) Vertical
as appropriate Minor Structure CD for catch basins: at centerline of box, ends of
box & wings & at each end of the local depression 0
Abutment Fill as appropriate
as appropriate
5 15 m (50’) & along end slopes & conic
transitions
I 15 m (50’) and at beginning & end of: each
wall, BC & EC, layout line angle points,
changes in footing dimensions &/or elevation & wall height
3 m to 10 m (IO’ to 33’) as required by the Engineer, BC & EC, transition points & at
beginning & end. Elevation points on footings
at bottom of columns
3 m to 10 m (IO’ to 33’) sufficient to use strinc
lines, BC & EC, transition points & at
beginning & end. Elevation points on footings
at bottom of columns
I 15 m (50’)
I 15 m (50’) on tangents & curves when R;r
300m (1000’) & I 7.5m (25’) on curves when
Wall 0
Major Structure 0
Footings, Bents, Abutments & Wingwalls
Superstructures
10 mm (’/E”) Horizontal
& 7 mm (’/4”) Vertical
as appropriate
as appropriate 10 mm (’/e”) Horizontal
& 7 mm (’/4*) Vertical
Miscellaneous 0
Contour Grading RP + Marker
Stake
RP + Marker
Stake
RP + Marker Stake
RP + Marker Stake + Line Point +Guard
Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker
Stake
RP + Marker Stake
RP + Marker
Stake
along contour
line
as appropriate
30 mm (0.1’) Vertical & - 0
Utilities 0, 0
Horizontal
10 mrn (“/E“) Horizontal
R I 300m (I 000’) or where grade I 0.30%
intervisible & I 30 m (loo’), BC & EC of Channels, Dikes & Ditches 0 30 mm (0.1’) Horizontal & 7 mm as appropriate
Line point
facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities
At sign location
(’h”) Vertical
30 mm (0.1’) Vertical & Signs 0 Horizontal
Subsurface
Drains 0
as appropriatc
At beginning 8
end
30 mm (0.1’)
Horizontal & 7 mm
( /<) Vertical
30 mm (0.1’)
Horizontal & 7 mm
intervisible & I 15m (!io’), BC & EC of
facilities, Grade breaks, Alignment breaks,
Junctions, Inlets & similar facilities, Risers &
similar facilities
longitudinal location Overside Drains
0
( /4”) Vertical
7 mm (’/4”) Horizontal
1
Markers 0 At marker
location (s)
at railing & barrier location(s)
for asphalt street surfacing I 15 rn (50’) on
tangents & curves when R2 300m (1000’) & 2
7.5m (25’) on curves when R I 300m (1000’)
At beginning & end and I 15 m (50’) on
angents & curves when R 1 300m (1000’) & :
7.5m (25’) on curves when R I 300m (1 OOO’]
At beginning & end
3 m to 10 m (IO’ to 33’) as required by the
Engineer, BC & EC, transition points & at
beginning & end. Elevation points on footing:
& at invert
10 mm (“/B”) Horizontal & Vertical Railings & Barriers 0
as appropriatc AC Dikes 0 30 mm (0.1’) Horizontal & Vertical
10 mm (“/E”) Horizontal
& 7 mm (‘/4”) Vertical
Box Culverts as appropriate
@ Revised 10/08/03 Contract No. MO-0401 Page 51 of 73 Pages
Pavement
Markers@
TABLE 2-9.2.2(B)
Survey Stake Color Code for Construction Staking
RP 60 m (200') on tangents, 15m (50') on curves
when R 2 300m (1000') & 7.5m (25') on
curves when R s 300m (1000') For PCC
surfaced streets lane cold joints will suffice
at pavement marker lOcatiOn(S)
7 mm (114") Horizontal
Type of Stake I Description I Color*
Horizontal Control I Coordinated control points, control lines, control reference points, centerline, I White/Red
Structure
Drainage, Sewer, Curb
Right-of-way
Miscellaneous
alignments, etc.
Vertical Control Bench marks - Whitelorange
Clearing Limits of clearing Yellow/Black
Grading Slope, intermediate slope, abutment fill, rough grade, contour grading, final Yellow grade, etc.
Bridges, sound and retaining walls, box culverts, etc.
Pipe culverts, junction boxes, drop inlets, headwalls, sewer lines, storm
drains, slope protection, curbs, gutters, etc.
Fences, R/ W lines, easements, property monuments, etc.
Signs, railings, barriers, lighting, etc.
White
Blue
W hiteNellow
Orange
I alignments, etc. I
Vertical Control Bench marks -
Clearing I Limits of clearing I Yellow/Black
Grading I Slope, intermediate slope, abutment fill, rough grade, contour grading, final I Yellow
Add the following section:
2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-
9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no
additional payment will be made. Extension of unit prices for extra work shall include full
compensation for attendant survey work and no additional payment will be made therefor. Payment
for the replacement of disturbed monuments and the filing of records of survey and/or corner
records, including filing fees therefor, shall be incidental to the work necessitating the disturbance of
said monuments and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of
all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer - may request.
ks Revised 10/08/03 Contract No. MO-0401 Page 52 of 73 Pages
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.
33 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) shall constitute the markup for all overhead and profits:
1) Labor ................................... 20
2) Materials ............................. 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.
Work by Contractor. The following percentages shall be added to the Contractor‘s costs and
3) Equipment Rental ................... I5
(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 Revised 10/08/03 Contract No. MO-0401 Page 53 of 73 Pages
I
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.
34 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure
to act, by the 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 12650-1 2655.
"The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City's proposed final estimate in order for it to be further considered."
By: Title:
Date:
Company Name:
The Contractor's estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the Engineer within 20 working days after the
affected work is completed. Failure to do so shall be sufficient cause for denial of any claim
subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
e- $9 Revised 10/08/03 Contract No. MO-0401 Page 54 of 73 Pages
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:
I. Project Inspector
2. Streets Supervisor
3. Principal Inspector
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
201 04) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
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.
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4- %# Revised 10/08/03 Contract No. MO-0401 Page 55 of 73 Pages
I 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)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further docurnentation or within a period of time no greater
than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor shall be
construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division
3.6 of Title 1 of the Government Code.
-
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
e %# Revised 10/08/03 Contract No. MO-0401 Page 56 of 73 Pages
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .IO) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP. -
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety
of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial
Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and
such other safety regulations as may apply. Contractor shall furnish Engineer with such information
as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials
incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract.
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at
any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be
removed from the project site all at the Contractor's expense.
4-. \# Revised 10/08/03 Contract No. MO-0401 Page 57 of 73 Pages
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the Agency. Said tests may be made at any
place along the work as deemed necessary by the Engineer. The costs of any retests made
necessary by noncompliance with the specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory
performance of substituted items. If, in the sole opinion of the Engineer, the substitution is
determined to be unsatisfactory in performance, appearance, durability, compatibility with associated
items, availability of repair parts and suitability of application the Contractor shall remove the
substituted item and replace it with the originally specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
remove and dispose excess of all materials used to accomplish the Work. Materials shall be
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor
as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s
responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the Suitability of materials
and their proper storage at any time during the Work.
-
SECTION 5 -- UTILITIES
5-1 LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by
others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
approved by the Engineer the Contractor shall place survey or other physical control markers
sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company.
-
e= fS Revised 10/08/03 Contract No. MO-0401 Page 58 of 73 Pages
Such temporary omission shall be for the Contractor's convenience and no additional compensation
will be allowed therefor or for additional work, materials or delay associated with the temporary
omission. The portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the 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 fifteen (1 5) calendar days after receipt of the "Notice to Proceed".
Add the following section:
6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the 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 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline
Construction Schedule shall include each item and element of work shall be on hard (paper) copy.
-
Add the following section:
6-1.2 Measurement and Payment of Construction Schedule. The Contractor's preparation,
revision, and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefore.
6-2 PROSECUTION OF WORK.
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 specified in the
Specifications. The work includes application of restriping on certain arterial roadways and the
installation of thermoplastic pavement legends throughout the City.
6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor's Representative. 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.
e '4 Revised 10/08/03 Contract No. MO-0401 Page 59 of 73 Pages
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 othewise 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) therefor.
-
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within thirty (30) 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 8:OO a.m. and 4:OO p.m. on Mondays through Fridays,
excluding Agency holidays, except on Palomar Airport Road which will be restricted to 9:00 a.m. to 12
noon and I :00 p.m. to 3:OO p.m. 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 hidher sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay
the inspection costs of such work. -
The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the
Construction Schedule required by section 6-1. No additional payment, adjustment of bid prices, or
adjustment of contract time of completion will be allowed as a consequence of the prohibition of work
being performed within the dates, areas, and/or types of work prohibited in this section.
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. Upon such
certification by the Engineer the Public Works Director may accept the completed Work. Upon
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 (I) 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.
e-
e Revised 10/08/03 Contract No. MO-0401 Page 60 of 73 Pages
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
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor
shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. 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 therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies
during the relocation or construction of their lines. The Contractor may be granted a time extension if,
in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation
will be made to the Contractor for any such delay.
4- %# Revised 10/08/03 Contract No. MO-0401 Page 61 of 73 Pages
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 hidher sole discretion, are necessary to preserve the health, safety and welfare
of the public. Cleanup and dust control shall be considered incidental to the items of work that they
are associated with and no additional payment will be made therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
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.
7-1 0.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After
obtaining the Engineers approval and at least 5 working days before closing, detouring, partially
closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the
following :
I) The Engineer ...................................................................................... (760) 602-2720
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2) Carlsbad Fire Department Dispatch .................................................. (760) 931-21 97
3) Carlsbad Police Department Dispatch ............................................... (760) 931 -21 97
4) Carlsbad Traffic Signals Maintenance ............................................... (760) 438-2980 X-2937
5) Carlsbad Traffic Signals Operations .................................................. (760) 602-2720
6) North County Transit District .............................................................. (760) 743-9346
7) Coast Waste Management ................................................................ (760) 929-9400
The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer’s
written approval prior to deviating from the requirements of 2) through, and including, 7) above. The
Contractor shall obtain the written approval no less than five working days prior to placing any traffic
control that affects bus stops.
4- \$ Revised 10/08/03 Contract No. MO-0401 Page 62 of 73 Pages
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with Chapter 5 of the California Department of Transportation "Manual of Traffic
Controls," 1996 edition and these Supplemental Provisions. If any component in the traffic control
system is damaged, displaced, or ceases to operate or function as specified, from any cause, during
the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option,
install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars
($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility,
whichever is the greater.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic
lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS
"Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in
these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its
responsibility to provide such additional devices or take such measures as may be necessary to
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic control
system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder at the end work period. If the
Contractor so elects, said components may be stored at selected central locations, approved by the
Engineer, within the limits of the right-of-way.
Traffic cones will be placed at the very beginning and at the subsequent terminus of each solid line.
Additional cones will be placed not more than 15 feet apart for the entire length of the line. For
broken lines, a traffic cone shall be placed at the beginning of the very first line and at the terminus of
the final line in the broken line section. There will also be a minimum of one cone placed on the
center of each segment of each broken line.
-
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the travelled way. The Contractor shall have TCP
prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the
Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the
Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period
specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP,
new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all
TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient
scale and detail to show the lane widths, transition lengths, curve radii, stationing of features
affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP
phase. When the vertical alignment of the travelled surface differs from the finished pavement
elevation vertical curves must also be shown. Design of TCP shall meet the requirements of the
Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of
California Department of Transportation. Such modification, addition, supplement, and/or new design
of TCP shall be prepared by a registered professional engineer appropriately registered in the State
em tS Revised 10/08/03 Contract No. MO-0401 Page 63 of 73 Pages
of California. The Engineer. shall be the sole judge of the suitability and quality of any such
modifications, supplements, and/or new designs to TCP. The Engineer may approve any such
modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion,
such modifications, supplements, and/or new designs to the TCP prepared by the registered
professional engineer retained by the Contractor will be beneficial to the best interests of the Agency.
Such modification, addition, supplement, and/or new design shall not be implemented and no work
shall be commenced that is contingent on such approval until the changed TCP are approved by the
Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP
shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review
requirements for such modifications, supplements, and/or new designs to TCP shall conform to the
requirements of section 2-5.3 Shop Drawings and Submittals.
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid.
The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all
labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for
doing all the work involved in preparation, reproduction and changing of traffic control plans, placing,
applying traffic stripes and pavement markers with bituminous adhesive, removing, storing,
maintaining, moving to new locations, replacing, and disposing of the components of the traffic
control system as shown on the plans and approved additions and modifications, as specified in
these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare
and review modifications, additions, supplements and/or new TCP designs shall be included in the
lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will
be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for
portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of
labor and material for portable concrete barriers they will be paid as an incidental to the work being
performed and no additional payment will be made therefor. Progress payments for "Traffic Control"
will be based on the percentage of the improvement work completed.
_-
Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
e ts Revised 10/08/03 Contract No. MO-0401 Page 64 of 73 Pages
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.
93 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shalt 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 (IO)
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 payrnent amounts and shall show all
deductions made or to be made for prior payments and amounts to be deducted under provisions of
the contract. All prior estimates and progress payments shall be subject to correction in the Final
Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make
written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting documentation within the
time specified, the Contractor acknowledges that full and final payment has been made for all
contract bid items and change order items.
c
e= 68 Revised 10/08/03 Contract No. MO-0401 Page 65 of 73 Pages
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 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
considered included in each item of work, therefore, and includes full compensation for furnishing all
insurance, bonds, licenses, labor, materials, utilities, tools, equipment and incidentals, and for doing
all the work involved in mobilization and preparatory work and operations, including, but not limited
to, those necessary for the movement of personnel, equipment, supplies, and incidental to preparing
to conduct work on and off the project site and other offsite facilities necessary for work on the
project; for all other facilities, sureties, work and operations which must be performed or costs
incurred prior to beginning work on various contract items on or off the project site, excepting those
specifically paid for under separate sections of these specifications. No separate payment will be
made for Mobilization and Preparatory Work.
em %# Revised 10/08/03 Contract No. MO-0401 Page 66 of 73 Pages
SUPPLEMENTAL PROVISIONS
TO
“GREEN BOOK”
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
2677A7
2342A9
2343A9
SECTION 210 - PAINT AND PROTECTIVE COATINGS
Black 3L-1267-L
White 3J-0893-L
Yellow 3L-1207-L
210-1 PAINT.
210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows:
Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons,
and curbs shall be rapid dry water borne as follows:
Paint for pavement legends, pavement symbols, pavement arrows, crosswalks, parking
stall markings and stop bars shall be alkyd thermoplastic conforming to Caltrans Specification No. 8010-19A. Glass beads shall be applied to the surface of the rapid dry water borne paint and the
molten thermoplastic material and shall be Potter Industries No. ACI 10 thermoplastic material and
be obtained from the Caltrans Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819,
telephone number (916) 227-7000.
’
I
ew %# Revised 10/08/03 Contract No. MO-0401 Page 67 of 73 Pages
.,-
SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
SECTION 310 - PAINTING
31 0-5 PAINTING VARIOUS SURFACES.
31 0-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth
paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision
necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall
remove by wet grinding all existing or temporary traffic markings and lines that may confuse the
public. When temporary detour striping or markings are no longer required, they shall be removed
prior to painting the new traffic stripes or markings.
31 0-5.6.7 Layout, Alignment, and Spotting. All striping is restriping or replacement. New striping
and legends shall replace existing in kind. No layout of traffic striping shall be performed by the
Contractor before establishment of the necessary control points. The Contractor shafl establish all traffic striping between these points by string line or other method to provide striping that will vary less than 80mm per 100m (112 inch in 50 feet) from the specified alignment. The Contractor shall obliterate, straight stripes deviating more than 80mm per 100mm (I/ 2 inch in 50 feet) by wet
grinding, and then correcting the markings. The Contractor shall lay out (cat track) immediately
behind installation of surface course asphalt and as the work progresses.
4m ts Revised 10/08/03 Contract No. MO-0401 Page 68 of 73 Pages
EXHIBIT “A”
THERMOPLASTIC INSTALLATION LOCATIONS
4- %# Revised 10/08/03 Contract No. MO-0401 Page 69 of 73 Pages
ECR NB @ PAR (2 lanes) -.*_ !Signal Ahead
e $# Revised 10/08/03
53 2i 106
Contract No. MO-0401
ECR SB @ Alga (3 lanes) LSignalAhead +.-- W _________ 1 53
Page 70 of 73 Pages
_______ ._...__,I. 31 I__.- _...I--_.- 159
ECR-NE@~SchoolDistrictGbEl_______. &.. 'Signal .-_-_____ Ahead ~ ~ _-_53 2f -....-....-._._ 106
___-- ECR SQ Arena1 (2 lanes) __ -_ fjgnal Ahead -1 ; 53 .--2!---.-.--_I 106 31 -I---- 159. ECR SB @ Cannon (2 lanes) !Signal Ahead , 531 21 106
ECR SB @ Camino Vida Roble (3 lanes) ISignal Ahea_d_, 53, f-
c
LCW9sM2sL -- Signal Ahead I W Sil 2 106
159
ECR SB @ CVD (3 lanes) SmalAhead 1 W 53 3 - 159
52 2 106
ECR SB @ PAR (3 lanes) !Signal - Ahead W 53 3 159
ECR SB (@ Dove (2 lanes)
ECR SB @ Kelly (2 lanes)
ECR SB @ School District (3 lanes) !Signal Ahead W 3 159
ECR SB @ Chestnut (3 lanes) Signal Ahead -. -/w- 53 3 _---.
53 2 106
- ISignal Ahead I-.-.
ECR SB @ Plaza (3 lanes) _1 135 W 30 3 90
hkday @ ECR (NE Comer) - \Crosswalk wl 165 2- 1 1 63.
53 --
,,.- -I_--- Poinsettia @. Ambrosia JCrosswal k 202
PoinsettiaaAm brosia ICrosswal k
RSF @ La Costa Meadows !Crosswalk
--.____ .____
a Revised 10/08/03 Contract No. MO-0401 Page 71 of 73 Pages
ILeft Turn Arrow-
Left Turn Arrow
Left Turn Arrow
Railroad
Crossing Stop
Bar 24" (detail
Rail road
Crossing Stop
Bar 24" (detail
Railroad
Crossing Stop
Bar 24" (detail
Railroad Crossing Stop
Bar 24" (detail
ieft -_.."-_.--I_-- Turn Arrow
Left Turn Arrow
---I___----- _-_ ---I(
Tamarack WB @ Carlsbad BI
RSF WB @ Olivenhain
!??E??!.!.-@ La costa Meado!% _______- ___
_-I- .- __
Tamarack WB @ Railroad Tracks
Tamarack WB @ Railroad Tracks
Tamarack EB @ Railroad Tracks
Tamarack EB @ Railroad Tracks
Tamar.kv1-5Overpass_E_B_&EB -_
Tamarack WB @ Adams
WindroseaAvenida _. -__ __ Encinas ______________ ICrosswal k
-I-----
--I--
7
School Legends (per Street _-__ MaintJ "
a# Revised 10/08/03 Contract No. MO-0401 Page 72 of 73 Pages
Jefferson 0 Tamarack Crosswalk Y 143 1 14:
Jefferson Q Tamarack Crosswalk Y 136 1 13E
Adams Q Tamarack Crosswalk Y 160 1 16(
Adams Q Tamarack Crosswalk Y 80 1 8(
Adams 0 Tamarack Crosswalk Y 154 1 1s
Adams Q Tamarack Crosswalk Y 97 1 9i
ArmyINavy Academy:
24” two-line
Crosswalk Carlsbad BI SB & NB in front of school wlcross hatches Y 165 2 33J
I I I I I I
/--
a Revised 10108103 Contract No. MO-0401 Page 73 of 73 Pages