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Home My WebLink AboutRandall Construction; 2002-01-07; FAC02-07DOC # 2002-0507609 JUN 149 2002 3~52 PM Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad Carlsbad CA 92008 1200 Carlsbad Village Drive Space above for Recorder’s use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of interest or estate stated below in the property hereinafter 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on May 14,2002. 7. The property on which said work of improvement was completed is in the City of Carlsbad, 6. The name of the contractor, if any, for such work of improvement is Randall Construction described. County of San Diego, State of California, and is described as follows: Heritage Hall and Granary Remodel Contract No. FAC02-07 258 Beech Avenue, Carlsbad, California 92008 8. The street address of said property is: t DOUGD Public W ks CANSON Manager/General Services VERIFICATION OF CITY CLERK I, the undersigned say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the City Council of said City on June 11 ,2002 accepted the above 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 June 12 , 2002 at Carlsbad, California AB #16,781 Resolution NO. 2002-167 6-11-02 3 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS r FOR HERITAGE HALL & GRANARY REMODEL CONTRACT NO. FAC02-07 September 11,200O Revised 9/l 1 /OO Contract No. FACO2-07 Page 1 of 59 Pages TABLE OF CONTENTS Paae Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Contractor’s Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bid Security Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Bidder’s Bond To Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work” Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ** . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work . . . . . . . . . . . . 17 Bidder’s Statement Of Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Bidder’s Statement Of Technical Ability And Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive Liability And Workers’ Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Bidder’s Statement Of Re Debarment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Bidder’s Disclosure Of Discipline Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .* . . . . . * . . . . . . . . . . . . . . 22 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Labor And Materials Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~............................................................................. 31 Faithful Performance/Warranty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...* 35 SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section 1 l-l 1-2 1-3 Terms, Definitions Abbreviations And Symbols Terms ............................................................ ....................................................... 38 Definitions ...................................................... ....................................................... 38 Abbreviations ................................................. ....................................................... 39 ..--. Section 2 2-3 2-4 Scope And Control Of The Work Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Revised 9/l 1 /OO Contract No. FACO2-07 Page 2 of 59 Pages 2-5 Plans And Specifications ...................................................................................... 41 2-9 Surveying .............................................................................................................. 42 2-10 Authority Of Board And Public Works Manager/General Services ...................... 44 Section 3 Changes In Work 3-2 Changes Initiated by the Agency ......................................................................... 3-3 Extra Work ............................................................................................................ 3-4 Changed Conditions ............................................................................................. 3-5 Disputed Work.. .................................................................................................... Section 4 4-1 4-2 Section 5 5-l 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 7-10 7-13 Section 9 9-1 9-3 Control Of Materials Materials And Workmanship . ..m.................*... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 ..................................................................................... Public Convenience And Safety .................... ....................................................... Laws To Be Observed .......................................................................................... Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. Payment ......................................................... ....................................................... 44 44 45 46 49 49 50 50 50 53 53 53 64 54 64 54 55 55 55 55 57 57 57 Revised 9/l 1 /OO Contract No. FAC02-07 Page 3 of 59 Pages c CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:00 p.m. on November 15,2001, 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: Remodel existing Heritage Hall and Granary Buildings to conform with the Americans with Disabilities Act (ADA) standards. CONTRACT NO. FAC02-07 Heritage Hall & Granary Remodel This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction, 1997 Edition, and the 1998 and 1999 suDDlements thereto , all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. .- The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Public Works Manager/General Services. 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 accoinpanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10283 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are: # Revised 9/l 1 /OO Contract No. FAC02-07 Page 4 of 59 Pages i - 1. Contractor’s Proposal 2. Bidder’s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. lO.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 $150,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A or B _C 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 $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Public Works Manager/General Services a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Public Works Manager/General Services a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Public Works Manager/General Services. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing Revised 9/i 1 /OO Contract No. FACO2-07 Page 5 of 59 Pages .- 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 Public Works Manager/General Services 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 mandatory pre-bid meeting and tour of the project site will be held at Heritage Hall, 258 Beech Avenue, on Thursday, November 8,200l at II:00 a.m. 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 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 O,OOO,OOO). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within IO 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. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2001-295, adopted on the 18” day of September, 2001. /” Revised 9111 /OO Contract No. FAC02-07 Page 7 of 59 Pages CITY OF CARLSBAD .- - - *- - CONTRACT NO. FACO2-07 HERITAGE HALL & GRANARY REMODEL CONTRACTOR’S PROPOSAL OPENED, WITNESSED AND RECORDED: 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 sewices required to do all the work to complete Contract No. FAC02-07 Heritage Hall & Granary Remodel in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. A-l SCHEDULE “A” Heritage Hall & Granary Remodel Description Furnish all materials and labor to remodel Heritage Hall & Granary Buildings to conform wth ADA standards Approximate Quantity and Unit LS Unit in words for Schedule “A”: &G&j+ kc1 k /- / /- Total amount of bid in numbers for Schedule “A”: $ / 1 q. 9 8 6 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). proposal. has/have been received and is/are included in this The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Revised 9/l 1 /OO Contract No. FAC02-07 Page 8 of 59 Pages The Undersigned bidder declares, business or act in th; 9yg~&tyf under penalty of perjury, that the undersigned is licensed to do - a contractor within the State of Cal’ license number / /@ rnia, validly licensed under , classification B which expires on -_ and that this statement is true and correct and has the legal effect of 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 Q 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code $20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bond Cashier’s Check) for ten percent (10%) of the amount bid. (Cash, Certified Check, Bond or -- - 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. L- - The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) (2) (3) Name under which business is conducted Randall Cons Signature (given and surname) of proprietor _ Place of Business 3656 Ruffin Roa (Street and Number) city and State San Diew r CA (4) ZipCode g2123 Telephone No. (858) 560-5453 Revised 9/l 1 /OO Contract No. FACO2-07 Page 9 of 59 Pages IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (Signature) (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business (Street and Number) City and State (5) Zip Code Telephone No. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation: if a partnership, list names of all general partners, and managing partners: Revised 9/l 1 /OO Contract No. FAC02-07 Page 10 of 59 Pages BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. FAC02-07 HERITAGE HALL 81 GRANARY REMODEL (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 ($ 1, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 9/l 1 /OO Contract No. FACO2-07 Page 11 of 59 Pages BIDDER’S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. ~ACOS907 HERITAOE HALL & GRANARY REMODEL KNOW ALL PERSONS BY THESE PRESENTS: a8 Surety are held and firmly bound unto the City of ChrbW, Caiifomia, in ar) amount as folbws: (must be atleastten permt(1~)ofthebi amount) Ten Peraent of Bid Amountforwhich payment, WI and truty made, we bind ourselvw, our kin, executors and administratws. aucoeasora or assigna, joii and severalty. firmly by these preseMs. THE CONDITION OF THE FOREGOING Ot3UGATiOi’l IS SUCH that if the pm~O~al ol the abOw- Wnden PdncipaJ for: tiertfuge HalI & Grwwy Remodel, Connact No. FACOZ-07 in the City of Cartsbad, is acoapted by the Ciry Councif, md if the Ptincipd oh&l duty enter into and exfmte a Contract inoruding required bonds and ineurancg pari within Qnmnty (20) days fmm the date of award of Cmtmct by the Cii Council of the City of Cadsbed, be&&j duly notified of said award,ttYentt%B~tton~tkcamenuttandMid;omerwbe, ft stmll k and remain in full force and~andheamountspedtiedherein~lbetorfsiibdtotheraidCily. . . . . . . .- . . . . . . . * . . . . -.* . . . . . . . . . . . . . . . . . . . . . . . . ..I . . . . . . ..- . . . . . . . . . . . . RWiSdQ/ll/OO contractNo.FA~ Page 12 oi 59Pages State of cAc1@G~A+lfl County of 5~ @lk-CU On 0%C&rhQ3&~ u, 266) before me, ?3cn/fl &I. f/(/csm. x/c;zimL ~bQ3CCC , Date Name and Title of Officer (e.6, ‘“Jane Doe, Notary Public”) personally appeared GAW /szor~o/xc , Name(s) 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 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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Title(s): q Partner - q Limited q General q Attorney-in-Fact Signer’s Name: 0 Individual 0 Corporate Officer Title(s): q Partner - q Limited q General 0 Attorney-in-Fact 0 Trustee q Guardian or Conservator 0 Other: I7 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer Is Representing: 0 1996 National Notary Association * 6236 Remmet Ave., P.O. Box 7164 l Cancga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 - In the event PMcipai exect~ted thii bond a$ an individual, it b agreed tnat the death of Principal Shdl not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this ’ 5th dayof Novmber *, 202L. PfwCJPALz (print name her&j (sign here) (print nnftw here) (stlo and organtcatlon of eJgnatory) Exeuted suRmth&J OfA ‘5th day ,20_0_1_. SURETY: Coldal American Casualty arxfi -tY OompanY (Mme’dsu~ 6265 Greenwich Dr., Ste.105 San Dieso, C!k 92122 (iddress of surety) 858-638-0443 (~~of~rety) _ \ g#piA4G7~ (SJgMtun of Attorney-in-Faot) !Sakt T. Ries (primd & d AtIwmydn-Fbd) (Attach corporate rewMion showhlg wnwrtt power of atbsrney.) Proper notam acknowkdqnentof execut& by PRINCIPAL and SURRY must be attached.) (Prmident or vicepmeldent and secfewy or assistant seomtuy must sign for curporations. If only one~r~i~,~~tatianmuM~r~krtiMIae~by~~~ryor~nt ~u~r~ts~~~~t~r~bindmooorporrrtkn.) APPROVED AS TO FORM: RONALD R. BALL cay-w Rwisd SW1 l/w CoMractNa~ ~13ti!BPagw Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERIC SUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by M. J. ANDERSON, Vice Pre pursuance of authority granted by Article Vl, Section 2, ~~;~~o~~~wJ& side hereof and are hereby certified to be in full force ominate, constitute and appoint Scott T. RIES, of Escondido, California, its make, execute, seal and deliver, for, and on its behalf d undertakings, each in a penalty not to exceed the sum of SIX n of such bonds or undertakings in pursuance of these presents, shall be to all intents and purposes, as if they had been duly executed and a&now ompany at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does h extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Corn IN WITNESS WHEREOF resident and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of AL AMERICAN CASUALTY AND SURETY COMPANY, this 14th day of March, A.D. 2000. ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY State of Maryland County of Baltimore T. E. Smith Assistant Secretary - M. J. Anderson Vice President On this 14th day of March, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fader Notary Public My Commission Expires: August 1,2004 POA-F 186-2085 EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY _ “Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakin g, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto.” CERTIFICATE I, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 15th day of November ) 2001 . Gfb!b Assistant Secretary STATE OF CALIFORNIA > ss. COUNTYOF SAN DIEGO On NovernbeJT 15, 2001 , before me, BR00KE LAFRENZ, NOTARY PUBLIC PERSONALLY APPEARED SCOTT T. RIES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged 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. - Signature This ma/or qrkia~ xotfmd Se!7[ OPTIONAL Though the data below is not required by law, ;I may prove valuable to persons relying on the document and could Fre’Jent fraudulent reattachment of this form. CAPACITYCLAIMED BYSIGNER DESCRIPTIONOFATTACHEDDOCUMENT m INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT @ PARTNER(S) q LIMITED B AmORNEY-IN-FACT 0 GENERAL c] TRUSTEE(S) NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR - u OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: N-\ME OF PERSON(Si OR ENTIV(IES) suR.ETY COMPANY - SIGNER(S) OTHER THAN NAMED ABOVE II‘-s‘<i IL? -‘94 ALL-PURPOSE ACKNOWLECGEMENT - -- - - - -- INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who 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 ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. - - - c- - Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor’s decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms must be submitted as a part of the Bidder‘s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Neither the amount, in dollars, of work performed by the Bidders own forces (as Contractor) nor the Bidder’s overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns “Amount of Subcontracted Bid Item Including Subcontractors Overhead & Profit” or ” Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor’s Overhead & Profit ” unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder’s overhead and profit, shall be multiplied by the Quantity of the bid item that the GUIDE FOR COMPLETiNG THE “DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS” AND “DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Public Works Manager/General Services”, “Subcontractor” and “Work” and the definitions in section 1-2 of the Supplemental Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS These forms 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 owner operator/lessors or otherwise to be performed by forces other than the Bidder’s own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Public Works Manager/General Services on the “Contractor’s Proposal” are not included in computing the percentage of work proposed to be performed by the Bidder. .- Revised 9/l l/O0 Contract No. FAC02-07 Page 14 of 59 Pages ,- Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. 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, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner Operator/Lessor 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 or Owner Operator/Lessor installing said item. The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid Item No.” column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in the appropriate space. 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. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency 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 and Owner Operator/Lessor amounts for purposes of award of the contract shall 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 9/l l/O0 Contract No. FAC02-07 Page 15 of 59 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) wh‘ IC ever is greater and that no changes in the subcontractors listed work will be made h except upon the prior approval of the Agency. Full Company Name of Subcontractor: R tin Q(ALL COV& k-UrCT7 clhl Subcontractor’s Location of Business ‘36 5% % #in Rn&de , $t e D Street Address scum bicqo , CA qZi.23 City State Zip - *Subcontractor’s Telephone Number including Area Code: (SST ) 56 0 -!?& 3 *Subcontractor’s California State Contractors License No. and Classification: 2 8 q&6& , 13 *Subcontractor’s Carlsbad Business License No.: SUBCONTRACTOR’S BID ITEMS* Explanation: Column 1 - Bid Item No. from the bid proposal, pages m through , inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages W through S, inclusive. Page I of 7 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the ‘Notice Inviting Bids.” @ R evised 9/l l/O0 Contract No. FAC02-07 Page 16 of 59 Pages C DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions Of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) wh’ IC ever is greater and that no changes in the subcontractors listed work ~111 be made h except upon the prior approval of the Agency. Full Company Name of Subcontractor: BM~&J. * c.o&m cnw Subcontractor’s Location of Business 34 !a ta.&ECb Rods, 5.k e 0 Street Address 5qJt-Q w .r& q2\23 city State zip *Subcontractor’s Telephone Number including Area Code: Q&g 1!5bo -545-3 ~ - *Subcontractor’s California State Contractors License No. and Classification: 3 % ?i6-fG.:l , -@-- *Subcontractor’s Carlsbad Business License No.: Bid Item Including Subcontractor’s Overhead item Performed by Contractor Excludin Overhead & Profit in id Item No. from the bid proposal, pages @j throug Column he dollar amount of the item to be performed by the 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item, Total dollar amount of Columns 2, pages p8[61 through m, inclusive. 3, and 4 must be equal to the dollar amount in the bid price of the item On bid Proposal a Page ___ of 7 pages of this Subcontractor Designation form * pursuant to section 4’104 (a)(2)(A) California Public Contract code, receipt of the portions of the information preceded by an asterisk required On this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” Revised 9/l 1 /OO Contract No. FAC02-07 Page 16 of 59 Pages - DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) wh’ IC ever is greater and that no h the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: 3w4 Street Address , OJf*C~ I- pa A, State ’ Zip - *Subcontractor’s Telephone Number including Area Code: , ? 4’g4 q i ’ 2..h ~ --? ;p;---I *Subcontractor’s California State Contractors License No. and Classification: *Subcontractor’s Carlsbad Business License No.: SUBCONTRACTOR’S BID ITEMS* Bid Amount of Subcontracted Amount of Work In Bid Amount of Contractor’s Item Bid Item Including Item Performed by Overhead 81 Profit In No. Subcontractor’s Overhead Contractor Excluding Bid Item & Profit 7 $ 775 I $ $ $ Overhead & Profit - 5 : ; $ $ i : $ $ Explanation: Column 1 - Bid Item No. from the bid proposal, pages through , inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. r. I , -. .,. Lolumn 4 - I ne dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item, Total dollar amount of Columns 2, payes lilclpl through paD11, inclusive. 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal Page ‘3 of 7 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(Z)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to ‘24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids,” Revised 9/l 1 /OO Contract No. FAC02-07 Page 16 of 59 Pages +- c- - DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the A P cy. Full Company Name of Subcontractor. I rl * L r r’)b ‘mw RAtJrInQ Co, \nc Subcontractor’s Location of Business P.U.k~j( LG, 7j? fin I Street Address / RA-MChjA ,m Y 2065 fir- City State Zip *Subcontractor’s Telephone Number including Area Code: ( * G ) 3 F? ‘: fi.L@ 2 /a ft ‘Subcontractors California State Contractors License No. and Classification: -WI 5 1.G: *Subcontractors Carlsbad Business License No.: P !” J .I SUBCONTRACTOR’S BID ITEMS Bid Item Including Subcontractor’s Overhead Item Performed by Contractor Excluding Overhead & Proflt In & Profit Overhead & Profit - r $ 27,opj- $ $6.2 i&Y 05 ii $ !Ti It I Ii I Ii I Ii II $- $ $ $ r ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages m through m, inclusive. Column 2 - The dollar amount of the item to be perfomred by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages m through m, inclusive. Page 4- of 7 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notica inviting Bids.” Revised 9/l 1 /OO Contract No. FAC02-07 Page 16 of 59 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. - Full Company Name of Subcontractor: KmA. E1ectric Subcontractor’s Location of Business p.0 - Box 1 2 4_6 5 Street Address El Cajon, CA 92022 City State Zip - *Subcontractor’s Telephone Number including Area Code: ( 6 1 9 ) 5 9 6-48 96 *Subcontractor’s California State Contractors License No. and Classification: _ 780557, Cl0 HIC *Subcontractor’s Carlsbad Business License No.: SUBCONTRACTOR’S BID ITEMS* Explanation: Column 1 - Bid Item No. from the bid proposal, pages through m, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contr Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item pages m through a, inclusive. pages of this Subcontractor Designation form t : * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids Inviting Bids.” Ictor’s and the In bid proposal d by an asterisk ed in the “Notice Revised 9/l 1 /OO Contract No. FAC02-07 Page 16 of 59 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed subcontractor in Preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and SeCtiOn 4100 et seq of the Public Contracts Code “Subletiing and Subcontracting Fair Practices Act.” The Bidder furthe; certifies that no additional subcontractor will be allowed to pet-form any portion Of the Work In excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) wh’ IC ever is greater and that no changes in the subcontractors listed work will be made h except upon the prior approval of the Agency. Full Company Name of Subcontractor: New P1umblng Subcontractor’s Location of Business 6 25 Palonlar fi:e*ue Street Address El Cajon, CA C,20_2” -. my State Zip - *Subcontractor’s Telephone Number including Area Code: ( 619 444-9017 55.2053, C36 *Subcontractor’s California State Contractors License No. and Classification: _ *Subcontractor’s Carlsbad Business License No.: SUBCONTRACTOR’S BID ITEMS* Bid Amount of Subcontracted Amount of Work In Bid Amount of Contractor’s Item Bid Item Including item Performed by Overhead & Profit In No. Subcontractor’s Overhead Contractor Excluding Bid Item & Profit Overhead & Profit c; $ L),cjq5 $ $ 1, tLfg.rs- I $ 5 ___~ $ g ___-_.. $ $ $ $ $ $ : i $ T 3 $ -.= Explanation: Column 1 - Bid Item No. from the bid proposal, pages through , inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the Item. Total dollar amoun pages m through Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal , inclusive. Page b of pages of this Subcontractor Designation form 7 * Pursuant to section 41’04 (a)(Z)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” Revised 9/i 1 /OO Contract No. FAC02-07 Page 16 of 59 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts 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 than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) wh’ IC h ever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Commercial Furnishings, Inc. Subcontractor’s Location of Business 9420 Activity Road, Suite J Street Address San Diego, CA 92126 City State Zip - *Subcontractor’s Telephone Number including Area Code: (* 5 * ) 271-8000 *Subcontractor’s California State Contractors License No, and Classification: 6’30 2 6 4 , Cl 5 HIC c54 *Subcontractor’s Carlsbad Business License No.: SUBCONTRACTOR’S BID ITEMS* Bid Amount of Subcontracted Amount of Work In Bid Amount of Contractor’s Item Bid Item Including Item Performed by Overhead & Profit In No. Subcontractor’s Overhead Contractor Excluding Bid Item & Profit i2 $ jo.533 $ , Overhead & Profit $ 2,Af22.FJ-j $ h Explanation: Column 1 - Bid Item No. from the bid proposal, pages through M, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid prOpOSa1 pages SB through m, inclusive. Page 7 of 7 pages of this Subcontractor Designation form - * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” l = tS Revised 9/l 1 /OO Contract No. FAC02-07 Page 16 of 59 Pages DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: Owner Operator/Lessor Location of Business Street Address City State Zip *Owner Operator/Lessor Telephone Number including Area Code: ( 1 m ..--- *Owner Operator/Lessor City of Carlsbad Business License No.: OWNER OPERATOR/LESSOR WORK ITEMS Overhead & Profit EXDhatiOn: Column 1 - Bid Item No. from the bid proposal, pages D through WI inclusive. Column 2 - The dollar amount of the item to be perfomted by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Owner Operator/Lessors forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the Item on bid proposal pages m through m, inclusive. Page - of pages of this Owner Operator/Lessor form .-. l Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” Revised 9/l 1 /OO Contract No. FAC02-07 Page 17 of 59 Pages - - - - -- - - BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. See attached. Revised 9/l 1 /OO Contract No. FACO2-07 Page la of 59 Pages CONFIDENTIAL RANDALL CONSTRUCTION (A SOLE PROPRIETORSHIP) FINANCIAL STATEMENTS AND ACCOUNTANTS' COMPILATION REPORT DECEMBER 31, 2000 . l 4 I a I I CONTENTS ACCOUNTANTS' COMPILATION REPORT FINANCIAL STATEMENTS BALANCE SHEET STATEMENT OF INCOME AND PROPRIETOR'S CAPITAL STATEMENT OF CASH FLOWS NOTES TO FINANCIAL STATEMENTS SUPPLEMENTARY INFORMATION SCHEDULE OF CONTRACTS IN PROGRESS 1 9 t( ~i~lil~ll~;~,~Il~~/4, ‘~&lllI ,lli:‘\ & “J::,,<ti ;p( :Ij ;‘i:“j: Certified Public Accountants Business & Personal Consultants Mr. Gary Randall RANDALL CONSTRUCTION (A SOLE PROPRIETCRSHIP) San Diego, California We have compiled the accompanying balance sheet of Randall Construction (A Sole Proprietorship) as of December 31, 2000 and the related statements of income and proprietor's capital, cash flows and supplemental information for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of the owner. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. -.Lzbu4cL(;c1l~~ GURRERA, WILEY & ASSOCIATES San Diego, California March 14, 2001 5665 Oberlin Drive, Suite 200, San Diego, CA 92i 21 (8.58) 45’7-5551 FAX (858) 457-5587 . . Randall Construction (A Sole Proprietorship) Balance Sheet December 31, 2000 ASSETS CURRENT ASSETS Cash Contracts Receivable Costs and estimated earnings in excess of billings on uncompleted contracts TOTAL CURRENT ASSETS FIXED ASSETS, at cost Vehicles Office Equipment Less accumulated depreciation TOTAL ASSETS $ 184,035 LIABILITIES AND PROPRIETOR'S CAPITAL CURRENT LIABILITIES Accounts payable Accrued expenses Note payable - current portion TOTAL CURRENT LIABILITIES NOTE PAYABLE - LONG TERM 2,880 PROPRIETOR'S CAPITAL 122,730 TOTAL LIABILITIES AND PROPRIETOR'S CAPITAL $ 22,317 118,305 25,795 166,417 28,817 3,392 32,209 (14,591) 17,618 $ 53,743 2,525 2,157 58,425 $ 184,035 See accompanying notes and accountants' compilation report -2- . RANDALL CONSTRUCTION (A Sole Proprietorship) Statement of Income and Proprietor's Capital For the Year Ended December 31, 2000 REVENUES EARNED COST OF REVENUES EARNED GROSS PROFIT OPERATING EXPENSES Insurance Professional services Office Rent Telephone Other expenses Small tools Depreciation Auto Dues and subscriptions Licenses and permits INCOME FROM OPERATIONS OTHER (EXPENSES) INCOME Interest income Interest expense NET INCOME 97,850 PROPRIETOR'S CAPITAL AT JANUARY 1, 2000 111,263 WITHDRAWALS (86,383) PROPRIETOR'S CAPITAL AT DECEMBER 31, 2000 $ 1,030,316 (844,614) 185,702 34,154 16,529 11,093 6,101 6,047 3,968 3,615 3,200 2,384 222 34 87,347 98,355 179 (684) $ 122,730 See accompanying notes and accountants' compilation report -3- RANDALL CONSTRUCTION (A Sole Proprietorship) Statement of Cash Flows For the Year Ended December 31, 2000 CASH FLOWS FROM OPERATING ACTIVITIES Net Income Adjustments to reconcile net income to net cash provided by (used in) operating activities: Depreciation Changes in operating assets and liabilities: (Increase) decrease in: Contracts receivable Costs and estimated earnings in excess of billings on uncompleted contracts Increase (decrease) in: Accounts payable Accrued expenses Net cash provided by operating activities CASH FLOWS FROM INVESTING ACTIVITIES Owner withdrawals Net cash used in investing activities Net increase in cash Cash and cash equivalents - beginning Cash and cash equivalents - ending $ 97,850 3,200 (53,354) 20,774 45,715 (11,100) 103,085 (86,383) (86,383) 16,702 5,615 $ 22,317 See accompanying notes and accountants' compilation report -4- . . a m w K- - a RANDALL CONSTRUCTION (A Sole Proprietorship) Notes to Financial Statements December 31, 2000 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Business Randall Construction is a sole proprietorship which is engaged in the business of general contracting. It specializes in commercial remodeling and tenant improvements. Revenue and Loss Recoqnition Revenues from construction contracts are recognized on the percentage of completion method, measured on the basis of incurred costs to estimated total costs for each contract. This cost to cost method is used because management considers it to be the best available measure of progress on these contracts. Contract costs include all direct material and labor costs and those indirect costs related to contract performance. General and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability are recognized in the period in which the revisions are determined. The asset, llCosts and estimated earnings in excess of billings on uncompleted contracts", represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts", represents billings in excess of revenues recognized. Income Taxes The proprietorship itself is not a taxpaying entity for purposes of federal and state income taxes. Federal and state income taxes of the proprietor are computed on his total income from all sources; accordingly, nc provision for income taxes is made in these statements. -5- l . RANDALL CONSTRUCTION (A Sole Proprietorship) Notes to Financial Statements December 31, 2000 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued Cash and Cash Equivalents For purposes of the Statement of Cash Flows, management considers all highly liquid investments purchased with a maturity of three months or less to be cash equivalents. Estimates The preparation of financial statements in accordance with generally accepted accounting principles requires that management make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Allowance For Doubtful Accounts There has not been an allowance for doubtful accounts established since management believes that any balances that may not be collected are insignificant. Fixed Assets Fixed assets are stated at cost. Depreciation is provided for on the straight-line basis over lives ranging up to 10 years. Maintenance, repairs, and minor renewals are charged to operations as incurred. TJpon sale or disposition of properties, the asset account is relieved of the cost and the accumulated depreciation account is charged with depreciation taken prior to the sale, and any resultant gain or loss is credited or charged to earnings. -6- I I c I I I I SUPPLEMENTARY INFORMATION I L . RANDALL CONSTRUCTION (A Sole Proprietorship) Notes to Financial Statements December 31, 2000 NOTE B - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs incurred on uncompleted contracts $ 71,282 Estimated earnings 51,749 123,031 Less: Billings to date 97,236 $ 25,795 Included in accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts NOTE C - LONG-TERM DEBT Long-term debt consists of the following: Note payable, secured by a truck, principal and interest at 7.35%, due in 60 monthly payments of $205, through November 30, 2004. Current portion Long-term portion $ 25,795 -O- $ 25,795 $ 5,037 (2,157) $ 2,880 -7- i ; c : , : I I , , I 1 L 1 i ; I ; j BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE - -- - - - (To Accompany Proposal) CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract 2/9/o 1 it Dan Cannon (85%) 679-5417 rive owav, CA 92064 3/29/o 1 an Diego C0mmunit.y Br a olleqe District (6r9f ?St%?i548 g/22/00 State of California, Dept. of Park: L Rerreatinn rr?;p\ r;75-i3’1713 9609 Waples Stree'; an Diego, CA 921 3/29/01 an Diego Communi Br an Adams ollege (679) 575-6712 3375 Camino de1 Rio outh an Diego, CA 921C8 Tenant ImDrovement 193,434 Revised 9/l 1 /OO Contract No. FAC02-07 Page 19 of 59 Pages _ .-- BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) CONTRACT NO. FACO2-07 HERITAGE HALL & GRANARY REMODEL As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer’s Liability _-. 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover 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. Revised 9/l l/O0 Contract No. FACO2-07 Page 20 of 59 Pages ACORD, CERTIFICATE OF LIABILITY INSURANC~22 1 DATE (MM’DDMY) J 12/07/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Powers & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents & Brokers ' & 0. BOX 619043 Lit #0~02564 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. seville CA 95661-9043 ,aone:916-630-8643 Fax:800-783-0083 INSURERS AFFORDING COVERAGE INSURED INSURER A: General Security Insurance Co. & INSURER B: Y/d Randall Construction 3656 Ruffin Rd San Diego CA 92i2rD I COVERAGES INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1s SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t ‘C C :ERTIFICATE HOLDER ) Y 1 ADDITIONAL INSURED; INSURER LETTER: & CANCELLATION !G TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY A X C0MMERClALGENERALLlABlLll-Y 21L22000405 ClAIMSMADE X OCCUR q X Owner/Cant Prot. GEN’L AGGREGATE LIMIT APPLIES PER: POLICY zi LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIW) LIMITS EACHOCCURRENCE s1,000,000 08/15/01 08/15/02 FlREDAMAGE(Anyonefim) 5 100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY s1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AGG S 1,o 0 0 , 0 0 0 COMBINED SINGLE LIMIT s (Ea accident) BODILY INJURY (Per person) s BODILY INJURY (Per accident) S GARAGE LlABlLlTY ANY AUTO EXCESS LIABILITY OCCUR cl CLAIMS MADE RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY OTHER PROPERTY DAMAGE (Per accident) S AUTO ONLY - EAACCIDENT 5 OTHER THAN EAACC $ AUTO ONLY: AGG S EACHOCCURRENCE S AGGREGATE s S S S E.L. EACH ACCIDENT s E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT S JESCRIPTION OF OPERATlONSlLOCATlONS/VEHICLES/EXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVlSlONS Certificate holder,its officals,employees,and volunteers are shown as Additional Insured but only with respect to liability arising out of aperations performed by named insured. **lo day notice of cancellation applies for non payment of premium. xw City of Carlsbad Attn: Scott Carroll Fax: 760-602-8556 1635 Faraday Ave Carlsbad CA 92008 CITYOFC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL-ML 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, - I /z-? KY- ACORD 25-S (7197) BACORD CORPORATION 1988 . 1 /- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOliCieS may require an endorsement. A statement on this certificate does not confer rights to the certifkate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7197) 1 C POLICY NUMBER: 21L22000405 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Carlsbad,its officaIs,employees,and volunteers 1635 Faraday Ave Carlsbad CA 92008 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. Such insurance as is afforded by this endorsement for the additional insureds, shown in the schedule, shall apply as primary insurance. Any other insurance maintained by the additional insureds or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement, except in the event of sole or contributory negligence on the part of the additional insureds. CG 20 10 03 99 A Includes Copyrighted Information, Insurance Services Office, Inc.. 1996 Page 1 of 1 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ACORD, CERTIFICATE OF LIABILITY INSURANCQ:y ( DA;;~$‘l PRODUCER Schell b Eggert Insurance Agcy Craig W. Schell, Pres. 2901 Raytheon Road a Diego CA 92111-1606 chone:858-541-7177 Fax:858-541-7821 INSURED Randall Construction 3656 Ruffin Road San Diego CA 92123 Suite D I COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Clarendon National Ins Co. d/x PA- INSURER 8: California Indemnity Ins. Co. 4 1//j/ PAL INSURER C: INSURER D: INSURER E. ?4SR( ITR TYPE OF INSURANCE / GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSMADE c] OCCUR P GEN’L AGGREGATE LIMIT APPLIES PER: ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY R ANY AUTO EXCESS LIABILITY OCCUR cl CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATlON AND B EMPLOYERS’ LIABILITY OTHER , IESCRIPTlON OF OPERATfONSlLOCATlONS POLICY NUMBER POLICY EFF CT VE POLICY EXPIRATION DATE (MMfDh-+) DATE (MM/DD/W) LIMITS EACH OCCURRENCE % FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL & AOV INJURY S GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ PA10102412 07/06/01 07/06/02 s wcm _ x TORY LIMI+S OTH ER- EC146117K 09/05/01 09/05/02 E.L.EACHACClDENT $1000000 E.L.DlSEASE-EAEMPLOYEE t ~000000 E.L. DISEASE- POLICY LIMIT I 1000000 IlCLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Job: Heritage Hall & Granary Remodel Contract No. FACO2-07 Certificate holder is named as additional insured in regards to the auto. Also primary wording applies to auto. (X PW AI) (10 day notice for nonpayment of premium) :ERTIFICATE HOLDER 1 Y 1 ADDlTlONAL INSURED; INSURER LETTER: A CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF THE ISSUING INSURER WILL City of Carlsbad 1635 Faraday Ave Carlsbad CA 92008 - -. ,- - 1) 2) BIDDER’S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? Yes X no If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s) ? Attach additional copies of this page to accommodate more than two debar- ments. - - party debarred party debarred - agency agency -- period of debarment period of debarment BY CONTRACTOR: Randall Construction Gary Randall, Owner (print name/title) - - .- Page l of l pages of this Re Debarment form w w Revised 9/l 1 /OO Contract No. FACO2-07 Page 21 of 59 Pages - - -. -. BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. FACO2-07 HERITAGE HALL & GRANARY REMODEL 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 contractors license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes X no - - 2) Has the suspension or revocation of your contractors license ever been stayed? X Yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two -- or more times within an eight year period? Yes X no 4) Has the suspension or revocation of the license of any subcontractors that you propose to perform any portion of the Work ever been stayed? X 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 1 of 1 pages of this Disclosure of Discipline form Revised 9/l l/O0 Contract No. FACO2-07 Page 22 of 59 Pages - - .-. C -* - BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL 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: Randall Construction (print name/title) Page 1 of 1 pages of this Disclosure of Discipline form Revised 9/l 1 /OO Contract No. FAC02-07 Page 23 of 59 Pages - ..- -- - -. - - *,. ‘~ - NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMIllED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. FAC02-07 HERITAGE HALL & GRANARY REMODEL State of California ) County of San Diego ) ss. ) Gary Randall (Name of Bidder) I being first duly sworn, deposes and says that he or she is Owner (Title) of Randall Construction (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under pena2fyc;f perjury that the foregoing is true and correct and that this affidavit was executed on the / / day of R/oc/hl@gt& ,20e/ . Subscribed and sworn to before me on the 1 y M day of fi.!/uth BLJ- ,20G’ -* (NOTARY SEAL) Nc)trv. .,Crfl L3iec;O County Revised 9/l 1 /OO Contract No. FACO2-07 Page 24 of 59 Pages CONTRACT PUBLIC WORKS This agreement is made this day of Tbtiui F&ii I*fi 20 02, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”), and RANDALL CONSTRUCTION whose principal place of business is 3656 RUFFIN ROAD SUITE D SAN DIEGO CA 92123 (hereinafter called “Contractor”). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: Heritage Hall & Granary Remodel - Contract No. FAC 02-07 (hereinafter called “project”) 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 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 Public Works Manager/General Services will close the estimate of work completed for progress payments on the last working day of each month. Revised 9/l 1 /OO Contract No. FAC02-07 Page 25 of 59 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractors convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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 contractors 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-l 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. 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 Public Works Manager/General Services, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety Revised 9/l 1 /OO Contract No. FAC02-07 Page 26 of 59 Pages and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1 ,OOO,OOO 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 ,OOO,OOO 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. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits is required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers’ liability coverage. b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its Revised 9/l 1 /OO Contract No. FAC02-07 Page 27 of 59 Pages officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor’s bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 9/l 1 /OO Contract No. FAC02-07 Page 28 of 59 Pages ,---- (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 332.025, 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 subwntrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. / 1’ ’ init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1778 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. ,- 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the Revised 9/l l/00 Contract No. FAC02-07 Page 29 of 59 Pages MJFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CACC/Zcn&IA County of ~~* dill&C6 On O&‘c&tiP L-L zC, 2461 a before rne2cA It2 u. s/cIGWr. b67Ofi% &ecl c , Date Name and Title of Officer (e.g.,‘Jane Doe, Nohy Public”) personally appeared r5'Ad+ rlc*orc/?~~~~ , Name(s) of Signer(s) F& 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 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. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited Cl General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): q Partner - 0 Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Q 1996 National Notary Association l 8236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164 Prod. No. 5307 Reorder: Call Toll-Free 1-600-676-6827 .- - “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: Randall Constructign I( sign h”ere) Gary Randdll, Owner &LxJQmud LOkRAIN&k~OD@y Clerk Q (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: I ;.fiy-m ,v ~&hb’+ Deputy City Attorney Revised 9/l 1 /OO Contract No. FACO2-07 Page 30 of 59 Pages I . . LABOR AND KMD #lo3331381 E%mfmM $4088.00 WAlERlALS BOND RANOALL CONSTRWCTfON NOW, THEREFORE, WE, RANDALL CONSTRUCTION aa l%cipal, (hereInafter dwign8ted 86 the ‘Contractof), Md surety carpany of AnIed.(= 8s swety, 8re hdd firmly ~OUIUI m0 the Cii of C8rbb8d in th43 sum of ONE HWWRED FlFfEEN 0. NINE HU~REO FtCHTY EIGHT Ah@ OO/lOO ($ 115.988.00 ),micfsumbeingunamountequaftoz ~hundrsdper#M(~00%)Ofthstbeal~~~MIount~wrder~~bytheCity ofcarlsberdunderthe~~~contnct~sntnebowamountpaypbb~~not~ millbn dolm (s5,ooo,ooo) or, Fmypcrrosnt(~)ot~to$ll~~Mlwntpa~~trridoorrtnectbytxlcrcilyrrfcarhbad u~theta~oft)H~~n~~talamount9lyaWI,~,~katthurfivomigiotlddhn (s5,ooo,ooo) 8nd doss not e%ceed ten millIon dollars (510‘ooo,ooo) or, fwerrty-fivrperosnt@W~~~ -amountp8y8fJbundsrl58id~IrytlNicllyof ~u~rihe~ot~ocmtnctifth8con~~OmmilliondOUon(510,000,000)uM forwhlch~~wallMIcltnJy~bbo~wr,bindou~ourhdro,~end 8dmini8w8tors, ~,or~,joinuyandsev8rauy,fimdybythes8pmssnts. THE CONMION OF THIS 08fJGATlON IS SUCH that If the pwon w hiahur subcontnaon fail to payforMy~b6~,~,~~,~,orbeamsuudkr,upon,for,or~mb pfBbmumoflhswork- tDbedons,MforMyotherwoflcorbborthsmnof8nykind,or ~8mounorbue~meUncrmploymenZlnsurPnoeCode~~toSuch~orlebor,orfot ~amountrrsquirodbo~deductod,with~,andpafdOHwto~~~oevokQmrnt ~a~ti~~wsOes@ewh--ffie -8ndrruboantndwrpunru8nttosectbn rtemwmmlnsuMc8codewithreapsottosuchworlccuwsbborth8tthssurelywl8 paybrthosM18,not~~~t)rem~inI)wbond,and,abo,kr#seruYtb~upon thebond,w8l8arld- slcpen86w8ndfaa8,induding~ bythacourt,asrwtuirodbyUkeprMdonsof~3248dthe- ?lzrzF-mk~ thirbondthJlirwrnO~bentltofanyand~~,~md~~~btilr, craimr,underTitk15otPPrt4ofWvision3ol~CivilCode(comnnnoing~rcbdku,~). -~11!00 cantnet No. FACO2-07 plmast nf soe.ume- State of CALlFt5RNI4 County of Saw OlF66 On Q~SC-&M~E~ 2d;zC6I before me~&l162 u. s/U&R? $ &?ofib ph@L K, Date / Name and Title of Gfficer (e.g.,?Jane Doe, Notary Public”) personally appeared CA&$ %L~AC~ I Name(s) of Signer(s) w personally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by /aw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual 0 Corporate Officer Title(s): q Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): q Partner - q Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here @I 1996 National Notary Association - 6236 Remmet Ave., P.O. Box 7164 e Canoga Park, CA 91k?O9-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Ries, of Escondido, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chainnar~, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is /- writing and a copy thereof is filed in the offke of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMJNGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or underkking to which it is attached. ” . ’ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 r POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT ‘l’.RAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organ&d under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hatb made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Ries, of Escondido, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized offkers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the Resident, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may &legate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is c writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatoq in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice Resident, any Senior Vice President or any Vice President, any Second Vice President, the Treasure-r, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (4) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company oficers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such f&simile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. -- #. . In n, , ,\ IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAWLERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto aflixed this 9th day of February 200 1. r STATE OF CONNECTICUT }SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY OF i%M@tiCA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD On this 9th day of February, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAWLERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seaIs aflixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. r . My commission expires December 31,2002 Notary Public Carol A. Thompson CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 10th December day of ,20 01 Kori M. Johanson Assistant Secretary, Bond ( . 7 STATE OF CALIFORNIA ss. COUNTY OF SAN DIEa On December 10, 2001 , before me, BROOKE LAFRENZ, NOTARY PUBLIC PERSONALLY APPEARED SCOTT T. RIES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their sipature(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. - Signature This area/or Oaj%d iVLltnr:ir! Std OPTfONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BYSIGNER DESCRlPTlONOFAllACHEDDOCUMENT m INDIVIDUAL ci CORPORATE OFFICER nnE,s; TITLE OR TYPE OF DOCUMENT @ PARTNER(S) a LIMITED B ATTORNEY-IN-FACT 0 GENERAL 0 TRUSTEE(S) NUMBER OF PAGES 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT StGNER IS REPRESENTING: N-\ME OF PE.%ON(S) OR ENTI?f(IES) SURETY COMPANY - - SIGNER(S) OTHER THAN NAMED ABOVE , :L’-.‘\; I;,., . ‘9, ALL-PURPOSE ACKNOWLECGEMENT BOND #lo3331 381 pmsm.tM $2,088.00 FAITHFUll PERFORIWWEIWARR~~ BOND WHEREAS, the my cuunoll of the cii of cafwmd, st8w of calif0-B bv Fbo@~ No. 20Ql-343 , a&@& f%CEM6ER 4, 2001 ,hpIawardedto - RANqALt CONSTRUCflON , (hs* tie&gnaw as the T%nolpa?), a Contmcf for: Hwitago Hall b 6mmry RemMof - Mact NO. FACO2-07. intheCityos~d,inetricteonfamritywiththe~thednwirrZpMd~~,and OlhWCMtfWti.kSWMB nowonfilrrintneOflloeoftheCi3(CkrlroftheCityofCarlobrd,altof which are incorponted hdn bythis MGNMc8. WHEREAS,Principslhatexaoutedoriraboutto~~Jaid~andthetemutherPot roqumthe~~ofsbondfotthefaithful podomMaMdwarmntyofsaidcom* N0W, THEREFORE, WE, RANDALL CONSTRUCTtON ,umincfpd, WMmfbrde@naMasfb’CwmcW),and Travelers Casualty and Surety aampany of America ,,oSSUrety~~held~bOUboundU~the~Of~, ;N!4.&f&RED FIFTEEN THOUSAND NIN Jhtl8fsfs &y@!!Bo EtGHyuF4Hi% 6&Q tl&wb OIMhundred~nt(1009C)ofthee8timr~amwrntaftheContnct,tokpaidtoC~orLcertain attorney, it4 .~end~tor~rpaymentmllandbutybbeMdr,mbir#l oum~, our heii, emrs and ndminiitofai, siJcwmomor~rpintlyand~,fimdy by--. THE C0NDfNN OF THIS OBLIGATION tS SUCH that if the drove bwixbm -r, theirheirs, 8=outom, -, -orassigns,shatUnaU~~bMIctrMdeby,Pndweti ~WkeeQ~wf@~~-s cunditions, Md agrwmmsintt#c<MfrBdand8ny aftentionthereofmadest~~pnovidtrdonth~prrt,dobekrCrtand~cldattttwrne~in ~mPnner~~n~,andin~It~&ccordingb~r~~Md~,md~ ~ndomnffv~d~~leootheC~otcarlbbad,3Esaflice~,~~~,as~ stipulated,~nthio~sMI~~ll~dvoid; oU#mMaeitshaUmmainintuYfommd 8fbot. RWb8d9!ll/oo COntmct No. FACO2-07 P#mo 3% nf 50 P--r- ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CaLI -L/ad/P County of sloe 4)/t-g’ On &&C&e f3&h Zg, 2~61 before me, %&4 la ua s /1/&=‘TS Date Name and Title of Officer fe.a.. ‘Jane Doe. Notarv Public”) personally appeared I - , G&CL (zawocc , Name(s) of Signer(e) ‘@ personally known to me 0 proved to me on the basis of satisfactory evidence ommission # 1292620 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. / . &/Jd . Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Title(s): Cl Partner - q Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: Top of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): q Partner - 0 Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1996 National Notary Association - 8236 Remmet Ave., P.0. Box 7184 * Canoga Park, CA 913047184 Prod. No. 5907 Reorder: Call Toll-Free I-800-876-6827 ~ntheeventmatConmctbtbMindivibull.itisegreedthatthedeOmofenyeucCIContraclor~an not exonerate the Surety fmm tts otdigations under this bond. E%ecuted byt2oNTRAcTOR this ‘Oth dayof - * 2oL. ExtmJmlbySUREN~ 10th day of ,20=. CONTFWTOR: SgRElY Travelers c!asLdty and surety czunpany of America (-f-u )220 9325 Sky Park Ct., 7 San Diego, CA. 92123 (rddml of surety) (858) 616-6240 (-~-afs-vl . & (sigrwnof Atownry-in-W) By: Scott T. Fties (oiqn -) (pfinted name ot Atarmy+Fact) (print name hem) tEBsommehowingou~ ZdZF * . me and ofganization of signatory) Praper fbotwid S of exeoution by CONTRACTOR and SUREW must be atwhd.) (~~~orvicffp~a~~0fassiotpntseaeteywstslqnkrcorporatiana. Ifonly OneOffiCXU~,Ul8~ mstuttachafesokrtionoettmedbytherrecrcrtary0f~ --Y~~~~serrl~mQowehgthato~towthecorporation.) A~~~AsOMRM: W-6 htiaed 9/? IK@ hntnmt No F~f?n9m ---3$ -‘ cn--- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TR4VELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVF,LERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organ&d under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Scott T. Ries, of Escondido, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly author&d officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said ofIicers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President ,Fay delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or @) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company oficers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following offkers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. - ,. , ^^ ,., . ,. IN WITNESS WHEREOF, TRAWLERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of February 2001. r STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AM%ICA TRAVELERS CASUAJZY AND SURETY COMPANY FARMINGTON CASUALTY COMPMY . On this 9th day of February, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals al3ixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. h4y commission expires December 31,2002 Notary Public Carol A. Thompson CERTlFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home o&ce of the Company, in the City of Hartford, State of Connecticut. Dated this 10th dayof ,200l. Kori M. Johanson Assistant Secretary, Bond STATE OF CALIFORNIA ss. COUNTY OF SAN DIEm On Decelnber IO, 2001 , before me, BR00KJZ LAFRENZ, NOTARY PUBLIC PERSONALLY APPEARED SCOTT T. RIES personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged 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. - Signahue bL+d!i! This area-for Qj+Sal Notarial Scd OPTIONAL Though the data below is not required by law, it may prcve valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITYCLAIMED BYSIGNER DESCRIPTlONOFAllACHEDDOCUMENT m INDIVIDUAL m CORPORATE OFFICER nnE;si m PARTNER(S) 0 LIMITED B ATTORNEY-IN-FACT 0 GENERAL 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR - TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES u OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NmE OF PERSON(S) OR ENTIR(IES) SURETY COMPANY - SIGNER(S) OTHER THAN NAMED ABOVE I:‘-$;; I<,.\ .,‘9, ALL-PURPOSE ACKNOWLECGEMENT ,-- 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 called “Escrow Agent.” hereinafter 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 Heritage Hall 81 Granary Remodel, Contract No. FACO2-07 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 I 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 Revised 9/l 1 /OO Contract No. FAC02-07 Page 35 of 59 Pages only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Civ shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: Title -- Address For Contractor: For Escrow Agent: Title Name 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. . C Revised 9/l 1 /OO Contract No. FAC02-07 Page 36 of 59 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 Name Signature Address Title Name Signature Address Title Name Signature Address Revised 9/l 1 /OO Contract No. FACO2-07 Page 37 of 59 Pages SUPPLEMENTAL PROVISIONS FOR FAC02-07 HERITAGE HALL & GRANARY REMODEL SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS l-l TERMS Add the following section: 1-1.1 Reference to Drawings. Where words “shown”, “indicated”, “detailed”, “noted”, “scheduled”, or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. .-- Add the following section: l-1.2 Directions. Where words “directed”, “designated”, ” selected”, or words of similar import are used, it shall be understood that the direction, designation or selection of the Public Works Manager/General Services is intended, unless stated otherwise. The word “required” and words of similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Public Works Manager/General Services,” unless stated otherwise. Add the following section: l-l .3 Equals and Approvals. Where the words “equal”, “approved equal”, “equivalent”, and such words of similar import are used, it shall be understood such words are followed by the expression “in the opinion of the Public Works Manager/General Services”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Public Works Manager/General Services is intended. Add the following section: l-l.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. l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. C Agency -the City of Carfsbad, California. City Council - the City Council of the City of Carlsbad. Revised 9/l 1 /OO Contract No. FAC02-07 Page 38 of 59 Pages City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Public Works Manager/General Services - the Public Works Director of the City of Carlsbad or his/her approved representative. The Public Works Manager/General Services 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 Organizatlon - 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 Contractors Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Public Works Manager/General Services’s designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager - the Public Works Manager/General Services of the City of Carlsbad or his/her approved representative. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS l-3.2 Common Usage, add the following: Abbreviation Word or Words Apts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apartment and Apartments Bldg . . . . . . . . . . . . . . . . . . . . . . ..-............... Building band Buildings CMWD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Municipal Water District CSSD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Supplemental Standard Drawings cfs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cubic Feet per Second Comm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial DR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimension Ratio E . . . . . . . . . . . . . . . ..*.......................... Electric . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gas gal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gallon and Gallons Revised 9/l 1 /OO Contract No. FAC02-07 Page 39 of 59 Pages Gar ......................................... Garage and Garages GNV ....................................... Ground Not Visible gpm ........................................ gallons per minute IE ........................................... Invert Elevation LCWD .................................... Leucadia County Water District MSL ....................................... Mean Sea Level (see Regional Standard Drawing M-12) MTBM .................................... Microtunneling Boring Machine NCTD ..................................... North County Transit Distrct 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 VWD ...................................... Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“. _C. Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 O,OOO,OOO). 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 Revised 9/l 1 /OO Contract No. FAC02-07 Page 40 of 59 Pages ;,-. after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Public Works Manager/General Services. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the 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. .I 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one (1) set. The set is designated as City of Carlsbad Drawing No. 01020.1 and consists of six (6) sheets. 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. Revised 9/l l/O0 Contract No. FAC02-07 Page 41 of 59 Pages _- 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. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had been given to the Public Works Manager/General Services). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor’s certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. ..-. When submitted for the Public Works Manager/General SeNices’s review, Shop Drawings shall bear the Contractor’s certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: “I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.” By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built” record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Public Works Manager/General Services within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING. 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 Public Works Manager/General Services. Where the Public Works Manager/General Services 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 Public Works Revised 9/l 1 /OO Contract No. FAC02-07 Page 42 of 59 Pages Manager/General Services 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(s) as required by 55 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 Public Works Manager/General Services shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Public Works Manager/General Services. 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 Public Works Manager/General Services before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Public Works Manager/General Services 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 (8’/2” 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 Surveyor, 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 50 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-10 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 SuNey(s) shall be submitted for the Public Works Manager/General Services’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. 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 2-9.2.1 shall be included in the actual bid items requiring the survey work and no Revised 9/l 1 /OO Contract No. FAC02-07 Page 43 of 59 Pages .-- 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 comer 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 PUBLIC WORKS MANAGER/GENERAL SERVICES. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Public Works Manager/General Services may request. c Add the following section: 2-10.2 Audit And inspection, Contractor agrees to maintain and/or make available, to the Public Works Manager/General Services, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Public Works Manager/General Services shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Public Works Manager/General Services may deem necessary, upon reasonable advance notice, Contractor shall make available to the Public Works Manager/General Services for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Public Works Manager/General Services 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 Public Works Manager/General Services, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. _c 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 Revised 9/l 1 /OO Contract No. FACO2-07 Page 44 of 59 Pages .-- 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: (4 Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits: 1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15 4) Other Items and Expenditures . . 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. 04 Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Public Works Manager/General Services. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Public Works Manager/General Services, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Public Works Manager/General Services due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Public Works Manager/General Services 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. Revised 9/l 1 /OO Contract No. FAC02-07 Page 45 of 59 Pages _r---. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-l 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Public Works Manager/General Services within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Public Works vanager/General Services at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Public Works Manager/General Services 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City .- Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 9/l 1 /OO Contract No. FAC02-07 Page 46 of 59 Pages All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTiON CLAIMS 20104. (a)(1 ) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(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. .- .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 wriiing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and Revised 9/l 1 /OO Contract No. FAC02-07 Page 47 of 59 Pages confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .lO) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141 .ll 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 patties, 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 .lO) 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. 20164.6. (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. Revised 9/l 1 /OO Contract No. FAC02-07 Page 48 of 59 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. _I-- 4-1.3.1 General, add the following: The Contractor shall provide the Public Works Man- ager/General Services free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Public Works Manager/General Services with such information as may be necessary to keep the Public Works Manager/General Services 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 fulfil1 this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Public Works Manager/General Services, the source of supply of each of the materials shall be approved by the Public Works Manager/General Services before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Public Works Manager/General Services and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Public Works Manager/General Services. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Public Works Manager/General Services, the substitution is determined to be unsatisfactory in perfom7ance, 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 Revised 9/l 1 /OO Contract No. FAC02-07 Page 49 of 59 Pages >-- delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Public Works Manager/General Services a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor’s responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Public Works Man- ager/General Services shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES 5-l 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 Public Works Manager/General Services’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Public Works Manager/General Services the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Public Works Manager/General Services. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Revised 9/l 1 /OO Contract No. FAC02-07 Page 50 of 59 Pages - __. Delete section 6-l 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 10 calendar days after receipt of the “Notice to Proceed”. Add the following section: 6-1 .l Pre-Construction Meeting. After, or upon, notification of contract award, the Public Works Manager/General Services 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-l .l .l Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. Add the following section: 6-l .2.10 Public Works Manager/General Services Review. The Construction Schedule is subject to the review of the Public Works Manager/General Services. The Public Works Manager/General Services determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Public Works Manager/General Services. If the Public Works Manager/General Services determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Public Works Manager/General Services. Failure of the Contractor to obtain the Public Works Manager/General Services determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the pre-construction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Public Works Manager/General Services to review the initial Construction Schedule will not be included in the 30 working days. The Public Works Manager/General Services will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-l .2.10.1 through 6-l .2.10.3. Add the following section: 6-l .2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. Add the following section: 6-l .2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments. Add the following section: 6-19.10.3 “Not Accepted.‘* The Contractor must resubmit the schedule incorporating the corrections and changes of the comment. The Notice to Proceed will not be issued by the Public Works Manager/General Services if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Public Works Manager/General Services. The Contractor, at the sole option of the Public Works Manager/General Revised 9/l 1 /OO Contract No. FAC02-07 Page 51 of 59 Pages _- Services, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Public Works Manager/General Services. Add the following section: 6-l .3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Public Works Manager/General Services with the update. Add the following section: 6-l .3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Public Works Manager/General Sewices as complete for the activity. Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. c- Add the following section: 6-l .6 interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection “substantially differenr means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update’ when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Public Works Manager/General Services Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction Schedule Payments of N/A dollars will be made subsequent to the initial payment for the Construction Schedule for each monthly Construction Schedule, updated as required herein, that the Public Works Manager/General Services has accepted as sufficient within the month that the monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked “Accepted” by the Public Works Manager/General Services on or before th8 twentieth working day of the month such monthly updated construction schedule is due per section 6-1.3 Preparation of Schedule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule. Revised 9/l 1 /OO Contract No. FAC02-07 Page 52 of 59 Pages Add the following section: .- Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add th8 following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes remodeling the Heritage Hall and Granary Buildings to conform with ADA standards. Add the following section: 6-2.3 Project Meetings. The Public Works Manager/General Services will establish the time and location of bi-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 subcontractors employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Public Works Manager/General Services within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Public Works Manager/General Services, 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 90 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Public Works Manager/General Services, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Public Works Manager/General Services 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 46 hours prior to such work The Public Works Manager/General Services may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Revised 9/l 1 /OO Contract No. FAC02-07 Page 53 of 59 Pages _-. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Public Works Manager/General Services will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Public Works Manager/General Services is satisfied that all the materials and workmanship, and all Other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Public Works Manager/General Services judgment, the Work has been completed and is ready for acceptance the Public Works Manager/General Services will so certify to the Board. Upon such certification by the Public Works Manager/General Services the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Public Works Manager/General Services will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. _.I. 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) Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 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. Revised 9/l 1 /OO Contract No. FAC02-07 Page 54 of 59 Pages .--- 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 Public Works Manager/General Services, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Public Works Manager/General Services may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. Revised 9/l 1 /OO Contract No. FAC02-07 Page 55 of 59 Pages 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to R---- prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417. 7-l 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Public Works Manager/General Services may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 2145.1 et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-l .6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-l .6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 260, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 160 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.6 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Public Works Manager/General Services. Revised 9/l 1 /OO Contract No. FAC02-07 Page 56 of 59 Pages ..+--. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 -- MEASUREMENT and PAYMENT 9-l MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 41.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 93.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 95.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Public Works Manager/General Services will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Public Works Manager/General Services shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Public Works Manager/General Services with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Public Works Manager/General Services shall, as soon as practicable after receipt, determine whether the SUppl8m8ntal payment request iS a proper payment request. If the Public Works Manager/General Services determines that the SUppl8mental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Public Works Man- ager/General Services, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 665.010 of the Code of Civil Procedure. .-- Add paragraph 6 et seq. as follows: After final inspection, the Public Works Manager/General Services will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Public Works Manager/General Services and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be mad8 for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. Revised 9/l l/O0 Contract No. FACO2-07 Page 57 of 59 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Public Works Manager/General Services will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Public Works Manager/General Services will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Public Works Manager/General Services to ascertain the basis and amount of said disputed items. The Public Works Manager/General Services will consider the merits of the COntraCtOr’S Claims. lt Will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Public Works Manager/General Services to d8tarmin8 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. .-. 43.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Public Works Manager/General Services to ascertain the basis and amount of said claims. The Public Works Manager/General Services will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Public Works Manager/General Services to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Public Works Manager/General Services. 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. Revised 9/l 1 /OO Contract No. FAC02-07 Page 58 of 59 Pages Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. .-- Revised 9/l 1 /OO Contract No. FAC02-07 Page 59 of 59 Pages.