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Roca Construction Inc; 1988-11-08; 3271
Lie. No. 494268-A GENERAL ENGINEERING CONTRACTOR R. CHRISTOPHER fflNMAN (619) 424-7644 1470 BAY BOULEVARD, LOT 2 CHULA VISTA, CA 92011 Construct^ Lie. No. 494268-A GENERAL ENGINEERING CONTRACTOR RICHARD URIBE (619) 424-7644 1470 BAY BOULEVARD, LOT 2 CHULA VISTA, CA 9201 1 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT 12 CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' 17 COMPENSATION RESPONSIBILITY CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION 17 REFORM AND CONTROL ACT OF 1986 LABOR AND MATERIALS BOND 18 PERFORMANCE BOND 20 CERTIFICATION OF COMPLIANCE 22 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU 23 OF RETENTION RELEASE FORM 26 GENERAL PROVISIONS 27 SPECIAL PROVISIONS 39 \9 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 P.M. on the 7th day of October/ 1988, at which time they will be opened and read for performing the work as follows: CARLSBAD SWIM COMPLEX DECK REPAIR CONTRACT NO. 3271 The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file with the City Clerk. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contracts Code Section 4590), 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. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience 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 $70,000. No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. Sets of plans, special provisions, and Contract documents may be ** obtained at the Purchasing Department, City Hall, Carlsbad, California. -I** m The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. *M» 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 California Labor Code. .« Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of « the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailingm rates of wages to all workers employed by him or her in the „ execution of the Contract. ™* The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. 'W m The provisions of Part 7, Chapter 1, of the California Labor Code commencing with Section 1720 shall apply to the Contract for .*. work. A prebid meeting and tour of the project site will be held on April 4, 1988 at the Carlsbad Swim Complex at 10:00 a.m. 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. Bonds to secure faithful" performance of the work and payment of laborers and materials suppliers each in an amount equal to one •" hundred percent and fifty percent, respectively, of the Contract price will be required for work on this project. — 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. ** Approved by the City Council of the City of Carlsbad, ^ California, by Resolution No. 88-94 . adopted on the 22nd day of March 1988. !j [) 0 CITY OF CARLSBAD CONTRACT NO. 3271 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 :i o :i o The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3271 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. 1. 2. 3. 4. 5. Item Description with Unit Price or Lump Sum Price Written in Words Demolition at dollars centsand lump sum. Concrete Deck Slab at _ f=ex;r dollars and _ cents per square foot. Concrete Pool Coping at £orfj -Kvrce. dollars and _ cents per linear foot. Epoxy-Coated Reinforcing Steel at _ dollars and _ cents per pound. Lane Line Wall Anchors at fort^j fKcec. dollars and _ cents each. Approximate Quantity and Unit Lump Sum 2,222 SF 389 LF 3,200 LB 32 EA Unit Price Total l^oeo , 7>7 - 0 Item No. 6. 8. 9. Item Description with Unit Price or Lump Sum Price Written in Words Replace Lifeguard Chair Support Posts at ptve dollars cents Approximate Quantity and Unit and lump sum. Ceramic Tile Markers at _ FiFrY dollars and _ cents per square foot. Acid-Wash and Clean Pool at "Two TtJotfSftvD dollars and _ cents lump sum. Repair Pool Plaster at rtoaorf *Fiv£ dollars and _ cents per square foot. Total amount [of hid/i in wo Lump Sum 18 SF Lump Sum 40 SF Unit Price so Total SO **~ JL.OGO Total amount of bid in numbers Addendum(a) No(s). and is/are included in this proposal. has/have been received 3 0 L. d If fj All bids are to be computed on the basis of the given estimated 0 U 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.0 0 0 1 •3 0 The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions of the part of the Undersigned in making up 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 City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bids shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License Identification A The Undersigned bidder hereby represents as follows: 1. That no Councilmember, 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 PAC)^ ^ *s \3e>r>r) $°<r- \0% (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. n a o 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. The Undersigned is aware of the provisions of the State of California 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. _ Phone Number Bidder's Namep b Q } j Date s^f Author£zed Signature i,V W Authorized Signature Bidder's Address Type of Organization (Individual, Corporation, or Partnership) List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: 0 0 3 0 (NOTARIAL. ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) •<• m (CORPORATE,SEAL) STATE OF CALIFORNIA COUNTY OF San Diego OFFICIAL SFA.L CHERYL GAY WAITERS NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires NOV 4, 1988 ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOTTS. INC. (Price class 8-2) >ss. On this.7th day of October __ in the year 19JS& before me, the undersigned, a Notary Public in and for said State, personally appeared Joe Cardenas-President of Roca Construction. Inc _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name _ is subscribed to the within instrument, and acknowledged to me that __he.2L executed it. WITNESS my hand and official seal. Notary Public in and for said State. BOND # 304241 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, RQCA CONSTRUCTION, INC. , as Principal, and INSURANCE COMPANY OF THE WEST , as Surety, are held and Firmly bouna unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OP GREATER AMOUNT BID ( 10% ) Tor which payment will and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: CARLSBAD SWIM COMPLEX DECK REPAIR CONTRACT #3271 in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance- policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 5TH day Of OCTOBER , 19 88 Corporate Seal (If Corporation) ROCA CONSTRUCTION, INC. Principal /—•} s~i )INSURANCE COMPANY OF THE WEST BV ^ ^ ( r, ^^ Jju*-——i. ;urety ]^ J •TOE CARDENAS, PRESIDENT HELEN MALONEY Title ATTORNEY-IN-FACI^ i (Notarial acknowledgement of ~~~ l execution by all PRINCIPALS (Attach acknowledgement of and SURETY must be attached.) Attorney in Fact) STATE OF CALIFORNIA COUNTY OF San Diego >ss. nn this 7th davof October . in the vear 19 88 . " ibefore me, the undersigned, a Notary Public in and for said State, personally appeared 1 1 xcgr&s. OFFICIAL SL'AL, /?f^^ CHERYL GAY WAITERS '^JJJMj NOTARY PUBLIC • CALIFORNIA ''~35w7 SAN DIEGO COUNTYWr My comm. expires MOV 4, 1988 ACKNOWLEDGMENT-G«neral-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOTTS. INC. (Price class 8-2) I Joe Cardenas-President of Roca i Construction, Inq , personally known to me > (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ I is subscribed to the within instrument, and acknowledaed to. TO th3» .tie*_ '' i executed it. WITNESS my hand and official sga^ L- Notary Public in/flnd i i for said State. ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF County of ..... On this .5TH "SM"DIEGO ..day of .^i^e.^ in the year !.?.?.§ ., , before me, a Notary Public in and for said County, State of California, residing therein, duly commissioned and sworn, personally appeared .'. ^personally known to me, Q proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of ...JMS.USANCE....DQMEAN.Y.....OE.....T.HE.....WEST- and acknowledged to me that D he 0 she subscribed the name of ....I.N.SU.RAMCE.....C.OKBAN.Y.....OE....TKE....WEST. thereto as surety, and Q his/her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. OFFICIAL SEAL MARY C. BAKKE NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Ex?iw .'we 8. 1 380042—I -63 My commission expires INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of , POWER OF ATTORNEY % j KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: . JORN G> u^oNEY TOM GORMAN HELEN MALONEY its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may cequire, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 10TH DAY OF DECEMBER 1986 INSURANCE COMPANY OF THE WEST SS:STATE OF CALIFORNIA COUNTY OF SAN DIEGO 10TH DAY OF DECEMBER 1986before the subscriber,a Notarv Public of the State of California, in and for the County of ERNEST RADV President of INSURANCE COMPANY OF THE WEST, On this San Diego, duly commissioned and qualified, came to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. Off (C.-.U SEAL KORMA PORTER t».jV.w rucuc-CALIFORNIA lYuii),*-! OJfico in S*n Dwgo County My Commission Exp. Jan. 8, 1988 71 Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned,' JAMES w- *USIIK- »'• Secretary of the Insurance Company of the West, do hereby certify that the original POWF.R OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this STH day of OCTOBER I988- ICW CAL 37 (REV. 5/82) Secretary BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, ; , as Principal, and , as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment will and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: CARLSBAD SWIM COMPLEX DECK REPAIR, CONTRACT NO. 3271 in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 1988. Corporate Seal (if Corporation) Principal Surety By Title (Notarial acknowledgement of (Attach acknowledgement of execution by all PRINCIPALS Attorney in fact) DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Carlsbad Amount Contracting Business of Full Company Name License & No. License No.* Bid ($ or %) * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. rxftcg^ ( n Bidder's Company Name t r^. (Notarize or Bidder 's ^Complete Address Corporate Seal) S-\f4- Authorized Signature STATE OF CALIFORNIA COUNTY OF. San Diego OFFICIAL SEAL CHERYL GAY WALTERS NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comrn. expires NOV 4, 1988 ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOTTS. INC. Ipnce class 8-2) On this 7th . day of nntober _, in the year 19_SBOn thiS /.til uay ui before me, the undersigned, a Notary Public in and for said State, personally appeared .ncl , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ is subscribed to the within instrument, and acknowledged to me that _hejz. executed it. WITNESS my hand and official seal. £-] - /(. ^ Notary Public in.Kd for said State DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached if required. Items of Full Company Complete Address Phone No. Work Name with Zip Code with Area Code b, J > 10i BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY i I The Undersigned submits herewith a notarized or sealed statement I of his/her financial responsibility. Signature (Notarize or Corporate Seal) ... - , V ( s. STATE OF CALIFORNIA San DiegoCOUNTY OF. OFFICIAL SEAL CHERYL GAY WALTERS NOTARY PUBLIC - CALIFORNIA SAN DIEGO CO'JMTY My comm. expires MOV 4, 19o8 ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOTTS. INC. (P"ce class 8-2) >ss. On this 7 day of ., in the year 19 RR, before me, the undersigned, a Notary Public in and for said State, personally appeared Joe Cardenas-President of Roca Construction, Inc _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ J-s _ subscribed to the within instrument, and acknowledged to me that _ he?L executed it. WITNESS my hand and official seal. >•"— ° /- ~ ~Notary Public inland for said State. STATE OF CALIFORNIA I COUNTY OF Ran OFFICIAL "FM. CHERYL GAY WAITERS NOTARY PUBLIC - CAU'rORIMIA SAN DIEGO COUNTY !' My comm. expires MOV 4, 1983 j\ ACKNOWLEDGMENT-General-Wolcons Form 233CA-Rev. 5-82 ©1982 WOLCOTTS, INC. (price class 8-2) >ss. On this 7th . day of October _, in the year 19.88 before me, the undersigned, a Notary Public in and for said State, personally appeared, Larry Schlotzhauer , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ is subscribed to the within instrument, and acknowledged to me that he executed it. WITNESS my hand and official seal. Notary Public ,m/and for said State. JiH/e, 700t//lfa/tf,S> ., ,-,106,30 Qmt>. (Scrtifi, Board of Directors ROCA CONSTRUCTION, INC. 1470 Bay Boulevard Lot 2 Chula Vista, California 92011 UNAUDITED We have reviewed the accompanying balance sheet of Roca Construction, Inc., as of March 31, 1988, and the related statements of earnings and retained earnings and changes in financial position for the year then ended, in accordance with standards established by the American Institute of Certified Public Accountants. All information included in these reviewed, unaudited financial statements is the representation of the management of Roca Construction, Inc. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an examination in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not-express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying reviewed, unaudited financial statements in order for them to be in conformity with generally accepted accounting principles. Downey, California April 22, 1988 ROCA CONSTRUCTION,' INC. REVIEWED, UNAUDITED FINANCIAL STATEMENTS March 31, 1988 CONTENTS Page ACCOUNTANT'S REVIEW REPORT 1 REVIEWED, UNAUDITED FINANCIAL STATEMENTS: BALANCE SHEET - ASSETS 4 BALANCE SHEET - LIABILITIES AND STOCKHOLDER EQUITY 5 STATEMENT OF EARNINGS AND RETAINED EARNINGS 6 STATEMENT OF CHANGES IN FINANCIAL POSITION 7 NOTES TO FINANCIAL STATEMENTS 8 UNAUDITED SUPPLEMENTARY FINANCIAL INFORMATION: . 11 BILLED ACCOUNTS RECEIVABLE AGING AND RETENTIONS 12 ACCOUNTS PAYABLE AGING AND RETENTIONS ' 13 COST OF SALES (SCHEDULE 1) "• 15 SELLING, GENERAL AND ADMINISTRATIVE EXPENSES (SCHEDULE 2) 16 CONTRACTS IN PROGRESS SCHEDULE 17 INCOME TAX COMPUTATION 19 ROCA CONSTRUCTION, INC. BALANCE SHEET March 31, 1988 (UNAUDITED) ASSETS CURRENT ASSETS: Cash (Note 2) Accounts Receivable - Trade (Notes 1 And 3) Billed Project Receivables Unbilled Retentions Receivable - Others Inventory Total Current Assets 309,228 101,177 $ 70,300 410,405 13,768 12.586 507,059 PROPERTY AND EQUIPMENT (NOTES 1 AND 4): Operating Equipment Transportation Equipment Office Furniture And Equipment Less Accumulated Depreciation Net Property And Equipment Total Assets 338,357 63,621 5,281 407,259 113,667 293,592 $ 800,651 The Accompanying Notes Are An Integral Part of These Reviewed, Unaudited Financial Statements _ 4 _ ROCA CONSTRUCTION, INC. BALANCE SHEET March 31, 1988 (UNAUDITED) LIABILITIES AND STOCKHOLDER EQUITY CURRENT LIABILITIES: Contracts Payable - Current Portion (Note 4) $ 39,009 Accounts Payable And Retentions (Note 5) 187,981 Project Receivables - Billed In Advance (Notes 1 And 6) 100,376 Income Taxes Payable (Note 1) 12,270 Total Current Liabilities 339,636 NON-CURRENT LIABILITIES: Contracts Payable - Net of Current Portion (Note 4) : . $ 111,386 Deferred Income Taxes (Note 1) 24,706 Due To Stockholder (Note 7) 220.320 Total Non-Current Liabilities 356,412 Total Liabilities 696,048 STOCKHOLDER EQUITY: Common Stock (Note 8) 10,000 Retained Earnings 94,603 Total Stockholder Equity 104,603 Total Liabilities And Stockholder Equity $ 800,651 The Accompanying Notes Are An Integral Part of These Reviewed, Unaudited Financial Statements - 5 - ROCA CONSTRUCTION, INC. STATEMENT OF EARNINGS AND RETAINED EARNINGS For the Year Ended March 31,. 1988 (UNAUDITED) INCOME $ 1,353,150 COST OF SALES (SCHEDULE 1) 1,066,301 GROSS PROFIT 286,849 SELLING, GENERAL AND ADMINISTRATIVE EXPENSES (SCHEDULE 2) 187,899 EARNINGS FROM OPERATIONS 98,950 OTHER INCOME (EXPENSES): Gain On Sale of Assets 3,900 EARNINGS BEFORE INCOME TAXES 102,850 INCOME TAXES (NOTE 1) ; 30,590 EARNINGS AFTER INCOME TAXES 72,260 RETAINED EARNINGS, MARCH 31, 1987 22.343 RETAINED EARNINGS, MARCH 31, 1988 $ 94,603 EARNINGS AFTER INCOME TAXES PER SHARE OF COMMON STOCK $ 72.26 The Accompanying Notes Are An Integral Part of These Reviewed, Unaudited Financial Statements - 6 - ROCA CONSTRUCTION, INC. STATEMENT OF CHANGES IN FINANCIAL POSITION For The Year Ended March 31, 1988 (UNAUDITED) SOURCES OF WORKING CAPITAL: FROM OPERATIONS - Net Earnings After Income Taxes $ 72,260 Depreciation 77,296 Deferred Income Taxes 18,120 Total Sources of Working Capital 167,676 APPLICATION OF WORKING CAPITAL: Purchases of Property And Equipment, Net of Disposals 35,969 Decrease In Contracts Payable, Net of Current Portion 30,400 Decrease In Due To Stockholder 26,780 Total Application of Working Capital 93,149 NET INCREASE IN WORKING CAPITAL $ 74,527 THE CHANGES IN THE COMPONENTS OF WORKING CAPITAL ARE SUMMARIZED AS FOLLOWS: INCREASE (DECREASE) IN CURRENT ASSETS - Cash $ 56,895 Accounts Receivable - Trade 305,048 Receivables - Others 13,768 Inventory 367 Total Increase In Current Assets 376,078 •^ (INCREASE) DECREASE IN CURRENT LIABILITIES - Contracts Payable - Current Portion (3,563) Accounts Payable And Retentions (187,981) 'Project Receivables - Billed In Advance (100,376) Accrued Payroll And Payroll-Related Expenses 2,439 Income Taxes Payable (12,070) Total (Increase) In Current Liabilities (301,551) NET INCREASE IN WORKING CAPITAL 74,527 WORKING CAPITAL, MARCH 31, 1987 92,896 WORKING CAPITAL, MARCH 31, 1988 $ 167,423 The Accompanying Notes Are An Integral Part of These Reviewed, Unaudited Financial Statements ROCA CONSTRUCTION, INC. NOTES TO FINANCIAL STATEMENTS March 31, 1988 (UNAUDITED) NOTE I Summary of Significant Company Commentary And Accounting Policies General: The Company was incorporated under the laws of the State of California on June 3, 1986 and is engaged in construction activity primarily related to concrete sidewalks, storm drains, ramps and retaining walls. The Company operates under a Class A (general engineering) California contractor license number 494268-A. Accounts Receivable - Trade: Accounts receivable - trade consists of billed and unbilled receivables as well as earned amounts retained by customers pending satisfactory completion of the applicable contracts. The Company records income on the percentage of completion basis for financial reporting purposes. Unbilled receivables consist of the excess of costs and estimated earnings to date over billings on all contracts in progress as of month-end. All contracts in progress are reviewed for cost'over- runs and, if total anticipated costs are expected to exceed the contract amount, the over-run is treated as a current period expense. Inventory: Inventory, stated at the lower of cost (first-in, first-out basis) or market, consists of operating supplies and materials on hand which are utilized in conjunction with the construction activity of the Company. Depreciation: •» For financial reporting purposes, depreciation is provided on the straight-line basis over the estimated useful life of the assets involved - principally, 3 to 7 years. For income tax reporting purposes, depreciation is provided by both the straight-line and accelerated depreciation methods over the estimated useful life of the assets involved - principally, 3 to 7 years. Income Taxes: Deferred income taxes arise due to ^he utilization of certain differing accounting methods for financial and income tax reporting purposes. Reference is made to the Income Tax Computation schedule for additional details. Lease Commitments: The Company leases its facilities from Western Salt Company wherein the monthly lease costs are approximately $1,170 and, unless an option for five (5) additional years is executed, the lease agreement expires in April, 1988. See Accountant's Review Report ROCA CONSTRUCTION, INC. NOTES TO FINANCIAL STATEMENTS - CONTINUED March 31, 1988 (UNAUDITED) NOTE 2 Cash Cash consists of the following: Security Pacific National Bank Imperial Beach Office 1025 Palm Avenue Imperial Beach, California 92032 (619) 424-8171 Checking account number (General) 425-040-649 Checking account number (Payroll) 425-043-876 65,041 5,259 NOTE 3 Accounts Receivable - Trade Accounts receivable - trade consists of: Billed (Detailed Aging schedule attached) Project Receivables Unbilled (Contracts In Progress schedule attached) Retentions (Detailed schedule attached) Amount $ 309,228 101,177 $ 410,405 $ 70,300 Percentage 75.3% 0.0% 24.7% $ 100.0% NOTE 4 Contracts Payable Contracts payable are due as follow: A. J. I. Case Credit Corporation, Post Office Box 2132, San Leandro, California 94577; phone number (415) 352-2151; 5% annual percentage rate of interest; secured by operating equipment costing $221,540; monthly payment of $3,345, including principal and interest; total principal amount due of $141,786, of which $35,446 is considered as current. B. Western Financial Savings, 1111 East Katella Avenue, Orange, California 92667; phone number (714) 532-7200; 10.69% annual percentage rate of interest; secured by transportation equipment costing $18,021; monthly payment of $350, including principal and interest; total principal amount due of $8,609, of which $3,563 is considered as current. (Financial institutions do not provide amortization schedules which reflect the application of payments to the principal balances. Hence, the principal balances were computed using the straight-line method of interest amortization.) See Accountant's Review Report — 9 — ROCA CONSTRUCTION, INC. NOTES TO FINANCIAL STATEMENTS - CONTINUED March 31, 1988 (UNAUDITED) NOTE 5 Accounts Payable And Retentions Reference is made to the Accounts Payable Aging and Retentions schedule for additional details. NOTE 6 Project Receivables - Billed In Advance Project receivables - billed in advance are reflected in the attached Contracts In Progress schedule. NOTE 7 Due To Stockholder Due to stockholder is due upon demand; bears a 10% annual percentage rate of interest; and, is due to Mr. Joe Cardenas, President, who wholly-owns the Company, NOTE 8 Common Stock 50,000 shares of common stock, with a par value of $10 per share, authorized; 1,000 shares issued and outstanding, all of which are owned by Mr. Joe Cardenas, President of the Company See Accountant's Review Report - 10 - tOO SUPPLEMENTARY FINANCIAL II1FORMATION - UNAUDITED - The accompanying unaudited supplementry;financial information, while not essential to the presentation of the reviewed, unaudited financial state- ments, is submitted as additional analytical data which may be of interest to Officers' and members of the Board of Directors of the Company, and any third party user of the reviewed, unaudited financial statements. Downey, California April 22, 1988 - 11 - ROCA CONSTRUCTION, INC. BILLED ACCOUNTS RECEIVABLE AGING AND RETENTIONS March 31, 1988 (UNAUDITED) Bement, Dainwood & Sturgeon 6859 Federal Boulevard Lemon Grove, CA. 92045 (619) 582-4992 Job No. 1013 City of Chula Vista 276 Fourth Avenue Chula Vista, CA. 92010 (619) 691-5021 Job No. 1010 Job No. 1011 City of National City 1243 National City Boulevard National City, CA. 92050 (619) 336-4380 Job No. 1007 City of San Diego Engineering And Development Apartment 1.,, j Caminito Centro San Diego, CA. 92102 (619) 236-5520 Job No. 1009 County of San Diego Engineering Department 555 Overland Avenue Building 5 San Diego, CA. 92123 (619) 694-2872 Job No. 1008 Other - Under $5,000 Totals Percentages Billed Accounts Receivable Total 31-60 Current Days Over 60 Days $ 133,003 $ 133,003 $ 33,772 (1)33,772 139,053 76,243 (1)62,81.0 3,400 3,400 Retentions $ 309,228 f% 243,018 $ 66,210 $ 100.0%78.6%21.4%0.0% $ 14,778 21,766 12,326 (1)23,459 15,451 13,397 0 $ 101,177 (1) Colleted, in full, in April, 1988. - 12 - ROCA CONSTRUCTION, INC. ACCOUNTS PAYABLE AGING AND RETENTIONS March 31, 1988 (UNAUDITED) Total Current Bud's Trucking Post Office Box 1521 Lakeside, CA. 92040 (619) 561-3903 Del Hotol Paving 7404 Misson Grove Road San Diego, CA. 92120 (619) 287-3350 MCR Electrical Contractors Post Office Box 1515 Imperial Beach, CA. 92032 (619) 575-4601 Payco Specialties 120 North Second Avenue Chula Vista, CA. 92010 (619) 422-9204 Pre-Mix Concrete Post Office Box 64 S' • Diego, CA. 92112 ( 9) 566-2000 SCA Construction Supply 1544 Frazee Road San Diego, CA. 92108 (619) 692-1090 Simco Products Post Office Box 3069 San Diego, CA. 92103 (619) 277-5481 Southwestern Equipment Rentals Post Office Box 85468 El Cajon, CA. 92020 (619) 561-1880 Uribe Landscaping 3414 Menard Street National City, CA. 92050 (619) 475-8011 Westland Insurance Brokers 2555 Camino Del Rio South #102 San Diego, CA. 92138 (619) 692-0355 31-60 Days Over 60 Days Retentions !,175 $ 2,441 13,062 3,812 51,604 3,129 2,259 5,300 31,373 2,175 $ 2,441 11,955 879 228 3,157 655 51,604 3,129 2,259 28,236 5,300 3,137 3,207 3,207 (Continued) - 13 - ROCA CONSTRUCTION, INC. ACCOUNTS PAYABLE AGING AND RETENTIONS - CONTINUED March 31, 1988 (UNAUDITED) Others - Under $2,000 Totals Percentages Total 69,619 Current 68,457 31 60 Days Over 60 Days Retentions 1,162 $ 187,981 $ 167,815 $ 100.0%89.3% 879 $ 6,592 $ 12,695 0.5%3.5%6.7% - 14 - ROCA CONSTRUCTION, INC. COST OF SALES (SCHEDULE 1) For The Year Ended March 31, 1988 (UNAUDITED) Bonds Depreciation Direct Labor Dump Fees Equipment Rental Fuel, Oil And Gasoline Insurance Materials And Supplies Payroll Taxes Plans And Permits Rent Repairs And Maintenance Small Tools And Equipment Sub-Contracts Sundry Travel And Subsistence Union Benefits $ 27,733 76,254 153,851 37,102 35,045 12,241 28,472 339,715 15,485 824 3j804 47,399 2,841 258,560 960 11,007 15,008 $1,066,301 - 15 - ROCA CONSTRUCTION, INC. SELLING, GENERAL AND ADMINISTRATIVE EXPENSES (SCHEDULE 2) For The Year Ended March 31, 1988 (UNAUDITED) Advertising Business Development And Promotions Data Processing Depreciation Dues And Subscriptions Employee Benefits And Welfare Interest Office Supplies And Expense Payroll Taxes Professional Services Rent Repairs And Maintenance Salaries And Wages - Estimating Salaries And Wages - Office Salaries - Officers' Taxes And Licenses Telephone Utilities $ 2,391 2,676 3,196 1,042 951 23,686 4,448 8,086 9,491 13,077 10,824 1,025 14,200 34,500 45,450 5,750 3,696 _ 3,410 $ 187,899 - 16 - Name of CONSTRUCTION. INC. CONTRACT rtPROGRESS PERCENTAGE OF COMPLETION BASIS (UNAUDITED)MARCH 31. 1988 :• Contract Descriptionand Location Bement , Dainwood & Sturgeon (619) 582-4992 Imperial Beach Alleys Job No. 1013 City of Chula Vista (619) 691-5021 "J" Street Job No. 1010 City of Poway (619) 748-6600 Poway Drainage Job No. 1015 City of San Diego (619) 236-5520 Mid-Citv Revitalization Job No. 1009 SUB- TOTALS 1 Total RevisedCcr.t.'dct Price(Inc. ChangeOrders) $ 149,561 228,560 (A)279,615 365,000 1,022,736 2 Latest Estimateof Total Costat Coomtetion $ 104,326 162,785 209,711 273,750 750,572 3 1-2(2-1)Estimated Profit(i-oss) at Com-pletion $ 45,235 65,775 69,904 91,250 272,164 4 Costs IncurredTo Date $ 74,146 134,187 0 99,251 307,584 5 4-J-2% completecost to costratio) 71. 1Z f 82.4% 0.0% 36.3% ~X! 6" 5x3Profit To Date. If(Loss) Enter SameAmt. as Column3 $ 32,162 54,199 0 33,124 119,485 7 6*4Amount EarnedTo Date $ 106,308 188,386 it 0 132,375 427,069 8 Amount BilledTo DateIncludingRetalnage $ 147,781 225,160 0 154,504 527,445 9 8-7Billings in Excessof Costs & ProfitTo Date (Billedin Advance) $ 41,473 36,774 22,129 100,376 10 7-3Costs & Profit ToDate in Excess ofBillings (Unbilledwork in Progress) $ 11 2-4Estimated CostTo Complete $ 30,180 28,598 209,711 174,499 442,988 L___ »JI__ i-aContractBalance $ 1,780 3,400 279,615 210,496 495,291 1204S Ed. 4-70 (Continued)- 17 - 'Us* asterisk ircolumn 5 todesignate Contfactsin preliminary stages-No profit recognised. Do any Billings in-clude unapprov*<:claims or disputed If so altacn completeexplanation. 9 jnd 10 snouid be Name ROCA CONSTRUCTION, INC. CONTRA& <NPROGRESS PERCENTAGE OF COMPLETION BASIS (UNAUDITED)MARCH 31. 1988 Contract Descriptionand t-ocation Sub-Totals Prior Page Metropolitian Transit Development Board (619) 231-1462 C Street Ramps Job No. 1014 i Total RevisedCui.t.-act Price(Inc. ChangeOrders) 1,022^736 (A) 7,573 i I 2 l_atest Estimateof Total Costat Completion 750,572 5,679 TOTALS IS 1,030,3091$ 756,251 3 1-2(2-1)Estimated Profit(Loss) at Com-pletion 272,164 1,894 S 274,058 4 Costs IncurredTo Date 307,584 0 5 44-2% completecost to costratio) ,0.0% $ 307.584 T"XI 6" 5x3Profit To Date. If(Uoss) Enter Sam.Amt. as Column 119,485 0 S 119,485 7 6*4Amount EarnedTo Date 427,069 0 t> $ 427,069 a Amount BilledTo DateIncluding ftetainage 527,445 0 I S-7Billings in Excessof Costs i ProfitTo Date (Billedin Advance) 100,376 10 7-8Costs S. Profit ToDate in Excess ofBillings (Unbilledwork in Progress) i 11 2-4Estimated CostTo Complete 442,988 5,679 * 12 1-8ContractBalance 495,291 7,573 i i i $ 527,445 I i | | i S 100,376 IS OJ$ 448,667i?502,864 12043 Ed. 4-70 (A) Contracts awarded and signed in April, 1988. - 18 - "Use asterisk incolumn 6 todesignate Contractsm oreitminarv riages•No profit recogni;e( Do any Billings in-clude unaporovec!claims or disputeditems?—yes—No.If so attacn complete Ota is of columns 9 and 10 sn(snnc.ii wim cciats .~>i cof.'es;i Balance Sneei of s^nie date. ROCA CONSTRUCTION, INC. INCOME TAX COMPUTATION For The Year Ended March 31, 1988 (UNAUDITED) CALIFORNIA INCOME TAX Earnings Before Income Taxes Adjustments: Convert To Completed Contract Method Straight-Line Depreciation Accelerated And Bonus Depreciation. Non-Deductible Expenses California Taxable Income California Income Tax Rate California Income Tax Less Prepayments FEDERAL INCOME TAX California Taxable Income Deductible California Income Tax Net Operating Loss Carryover Federal Taxable Income Federal Income Tax At Applicable Rates Alternative Minimum Tax Total Federal Income Tax Less Prepayments RECAP Income Taxes Payable = (3) + (4) - $200 Deferred Income Taxes: March 31, 1987 (1) + (2) - (3) - (4) f Income Tax Provision Per Books = (1) + (2) FEDERAL INCOME TAX CARRYOVERS Net Operating Loss: From March 31, 1987 (Expires March 31, 2002) Less Amount Utilized Per Above Alternative Minimum Tax Credit: From March 31, 1988 (Indefinite Carryover) (19) Per Books $ 102,850 (1) (2) Per Tax Return $ 102,850 686 103,536 9.3% 9,629 (3) (200) $ 9,429 $ (91,285) 77,296 (86,652) 686 2,895 Min. Tax 300 (200) 100 $ $ 103,536 ? (9,629) 93,907 20,961 20,961 (4) (0) 20,961 $ 2,895 (300) (29) 2,566 385 11,785 12,170 (0) 12,170 $ 12,270 $ 6,586 18.120 $ 24.706 $ 30,590 29 (29) 0 $ 11,785 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 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, if notarized or sealed. Date Contract Completed Name and Address the Employer ^AlfcJ Name and Phone No. of Person to Contact Type of Work Amount of Contract CKoU Ko \o«/«=to 90 IcT Vu-M K S. 1 UJ.X. 1 I/T -J9^ \\ iVi (Notarize or Corporate Seal) Signature L 0 a ;j a n 12 CONTRACT - PUBLIC WORKS This agreement is made this / day of /te**^**-^. 1988, by and between the City of Carlsbad, California,a municipal corporation, (hereinafter called "City"), and Roca Construction. Inc. whose principal place of business is 1470 Bay Rlvd. Lot ?, Chula v-Ut CA 92011 ; (hereinafter called "Contractor".) City and Contractor agree as follows: l.» Description of Work. Contractor shall perform all work specified in the Contract documents for: CARLSBAD SWIM COMPLEX DECK REPAIR, CONTRACT NO. 3271 (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; the bid documents, including the Notice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, r. specified, and implied by the Contract documents. Any items | of work not indicated or specified, but which are essential '•-••' to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said f] documents. In all instances through the life of the LJ Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to D said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. IU 4. Payment. All full compensation for Contractor's performance of work under this Contract, City shall make payment to the f] Contractor per Section 9-3 of the Standard Specifications fj for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. nC 13 Invoices from the Contractor shall be submitted according to the required City format to the City's assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to Civil Code Section 3184. Independent Investigation. Contractor has made an Independent Investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contract shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Change Orders. City may, without affecting the validity of the Contract, order changes, modifications and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. The only person authorized to order changes or extra work is the Project Manager. The 14 flSB written change order must be executed by the City Manager if «, - it is for $5,000.00 or less or approved by the City Council and executed by the Mayor if the amount of the change order <*» exceeds $5,000.00. '** 8. Prevailing Wage. Pursuant to the Labor Code of the State of m California, the director of the Department of Industrial Relations has determined the general prevailing rate of per «. diem wages in accordance with Labor Section 1773 and a copy of a schedule of said general prevailing wage rates is on *" file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Labor Code ** Section 1775, Contractor shall pay prevailing wagers. •tm Contractor shall post copies of all applicable prevailing wages on the job site. *m m 9. Indemnity. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the aa 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 Contractor or work; ""* or from any failure or alleged failure of Contractor to ,« comply with any applicable law, rules or regulations including those relating to safety and health; except for — loss or damage which was caused solely by the active negligence of the City; 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, unless the loss or damage * was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including * attorneys fees for litigation, arbitration, or other dispute m resolution method. m 10. Insurance. Without limiting Contractor's indemnification, it is agreed that Contractor shall maintain in force at all ** time during the performance of this agreement a policy or policies of insurance covering its operations and insurance ** covering the liability stated in Paragraph 9. The policy or m policies shall comply with the special insurance instructions in the Supplementary General Provisions and *> shall contain the following clauses; "*" Contractor's liability insurance policies shall contain the „, following clauses: * A. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City." 15 B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." All insurance policies required by this paragraph shall contain the following clause: A. "This insurance shall not be cancelled, limited or non- renewed until after thirty (30) days written notice has been given to the City." B. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees." Certificates of insurance evidencing the coverage required by the clauses set forth above shall be filed with the City prior to the effective date of this agreement. 11. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of worker's compensation self-insurance prior to the start of any work pursuant to this contract. 13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims ACt (Government Code Section 900 et seq.) prior to filing any lawsuit for breach of this contract of any claim or cause of action for money or damages. 14. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California 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. 16 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 16. 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. 17. 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. 18. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. o h <f\ (Notarial acknowledgement of execution of ALL PRINCIPALS must be attached.) Contractor By By (Seal) Title APPROVED AS TO FORM:BADXXCALIFORNIA :ity!l,Afeteorn^y.< ^Jfmi ^py?. ^,,-i-,,^R,f cmr ATTORNCf ( O^-ad ATTEST: RONALD R. BALL ,^C?-£$. City Clerk STATE OF CALIFORNIA COUNTY OF San Diego On this 31rst day of October , in the year 19 88, before me, the undersigned, a Notary Public in and for said State, personally appeared .Joe Cardenas-President of Roca Construction.Inc OFTW-JM ^""•T, CMcPY' GAY WA'TERS NCHARY C'JEUC CAlJFCSIM1A ^il DiEOO CO'lilTY My comm. exp'.fES KOV 4, 1' , personally known to me ,(or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ is subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOTTS, INC. (price class 8-2) lotary Public in anra/tor said State 17 Contractor's Certification of Awareness of Workers' Compensation Responsibility "I am 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 I will comply with such provisions before commencing the performance of the work of this Contract." fl-c^ CW-VroeHoo , ractor Contractor's Certification of Awareness of Immigration Reform and Control Act of 1986 "I am aware of the requirements of the Immigration Reform and Control Act of 1986 and have complied 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." '^_<a^ Contractor EXECUTED IN QUADRUPLICATE BOND #11131564 , 0~ JLO LABOR AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 88-374 adopted in/?5/ft« , has awarded to Roca Construction. Inc. (hereinafter designated as the "Principal"), a Contract for: CARLSBAD SWIM COMPLEX DECK REPAIR, CONTRACT NO. 3271 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that is said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Roca Construction. Inc. as Principal, (hereinafter designated as the "Contractor"), and INSURANCE COMPACT OF THE WEST as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty Thousand . six hundred fourty five and 50/00 Dollars r$ 30,645.50— ) , said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. 19 This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3082). In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 3_iST day of OCTOBER f 1988. ROCA CONSTRUCTION, INC. BY:(L. (Notarize or Corporate Seal for each Signer)JOE lENAS, PRESIDENT Contractor INSURANCE COMPANY OF THE WEST BY: HELEN MALONEY, ATTORNEY-IK-FAQT Surety ATTORNEY IN FACT ACKNOWLEDGMENT STATE OF CALIFORNIA County of SAN DIEGO On this ^ST day of.OCTOBER , in the year ™.?°° , before me, a Notary Public in and for said SAN DIEGO County, State of California, residing therein, duly commissioned and sworn, personally appeared HEUSN•• MALONEY 3D personally known to me, Q proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of.INSUR2^CE....COMPJJff.....QF....THE....MEST. and acknowledged to me that G he JQ she subscribed the name of INSURAMCE COMPANY OF THE WEST thereto as surety, and Q hisjQQ her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. OFFICIAL SEAL MARY C. BAKKE I NOTARY PU3L1C - CALIFORNIA „ . :••• jj SAH D::CO CQIWTY3«oo42-i-e3 @ ^....^ My Comm. Expires June 8,1990 My commission expires y •. INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate. constitute and appoint:JOHN G. MALONEY TOM GORMAN HELEN MALONEY its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may cequire, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized off icers this 10TH DAY OF DECEMBER 1986 INSURANCE COMPANY OF THE WEST STATE OF CALIFORNIA COUNTY OF SAN DIEGO T OTH FlAY OV ss. 1 QROn this before the subscriber, a Notarv Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFftClAL SEAL JWFORMA PORTER % MV.SY rUBtIC-CALIFORNIA | I'rifii-.Ksl OJfico in Stn D«eoCounty t My Commission Exp. Jan. 8, 1988 > a^^ Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, JAKrs "• »USTIS- »'• Secretary of the Insurance Company of the West, 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, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 31ST day of OCTOBER l9 88- ICW CAL 37 (REV. 5/82) Secretary EXECUTED IN QUADRUPLICATE 2Q BOND #1131564 PERFORMANCE BOND PREMIUM: $1,532.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.88"374 . adopted 1Q/25/8R . has awarded to Roca Construction, Inc. , (hereinafter designated as the "Principal"), a Contract for: CARLSBAD SWIM COMPLEX DECK REPAIR, CONTRACT NO. 3271 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, Roca Construction, Inc. , as Principal, (hereinafter designated as the "Contractor"), and INSURANCE COMPANY OF THE WEST , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Sixty one thousand - two hundred ninety one & 00/00 Dollars ($ fil ,?QI .nn ) , said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and include in any judgement rendered. 21 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract, or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed . that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 31ST day of OCTOBER 1988. ROCA CONSTRUCTION, INC. BY: (Notarize or Corporate Seal for Each Signer) JOE CARDENAS,PRESIDENT Contractor INSURANCE COMPANY OF THE WEST BY: HELEN MALONEY, ATTORNEYWN-FACT Surety ATTORNEY IN FACT ACKNOWLEDGMENT . ss.STATE OF CALIFORNIA County of SAN DIEGO -:.... On this 31ST day of .QCEQBJJR , jn the year 1.988 , before me, a Notary Public in and for said SBS....Sf.ifcB!*0. „ County, State of California, residing therein, duly commissioned and sworn, personally appeared *m®L.MM*)NISY. 3g personally known to me, G proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of .XNS.UBAHCT....CDJMPAHX....DS.....THE....MEST. and acknowledged to me that G he 6 she subscribed the name of ..ZNStlEMC£....OOa$Piy^....OF....THE....1fEST. thereto as surety, and G his |X] her own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. ^^m^it883833 f""V C. m'l r- NOWRYPu;LiC-C/lLi-OW .'; &«OO42— t -83 . . rn. Expires June 8,1990 $ESBrg.a My commission expire INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint:JQHN G>TOM GORMAN HELEN MALONEY its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized off icers this 10TH DAY OF DECEMBER 1986 INSURANCE COMPANY QF THE WEST STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO 10TH DAY OF DECEMBER 1986On this before the subscriber, a Notarv Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFriC:.U SEAL KORMA PORTER (j,-,!/,<ty fUDLIC - CALIFORNIA riiic!,*! OHiso in Sin D«g9 County My CommiMion Exp. Jan. 8,1988 Notary Public STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, JAm;s "• AUSTIIi- m- Secretary of the Insurance Company of the West, 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, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 31ST dayof OCTOBER l9 88 ICWCAL37 (REV. 5/82) Secretary 22 CERTIFICATION OF COMPLIANCE or^A V O AJI hereby certify that Legal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. Date (NOTARIZE OR CORPORATE SEAL) Signature (Seal) Y Title (Notarial acknowledgement of execution by all principals must be attached) STATE OF CALIFORNIA COUNTY OF San Diego >ss. On this .31rst . day of.October OFFICIAL CHERYL GAY WA'THRS NOTARY PUBLIC • CALIFORNIA T"'-\ D1PGO C; My cor.ini. Kp.re;; MOV 4, 1988 , in the year 19_A? before me, the undersigned, a Notary Public in and for said State, personally appeared Joe Cardenas-President of Roca Construction,Inc , personally known to me } (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal. /, ACKNOWLEDGMENT-Gsneral-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOHS, INC. (P™* class 8-2) ** y U*"" Notary Public in a/j^for said State. Oral CERTIFICATE OF INSURANCE PRODUCER John Burnham & Company 610 West Ash Street .0. Box 2910 San Diego, CA 92112-4215 INSURED Roca Construction, Inc. 1470 Bay Blvd., Lot 2, Chula Vista CA 92011 | ISSUE DATE (MM/DD/YY) 11/03/88 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. COMPANIES AFFORDING COVERAGE COMPANY ALETTER AU.S.F.&G. Companies COMPANY DLETTER » O.S.F.&G. Companies COMPANY ft LETTER, *» COMPANY |> LETTER u COMPANY BLETTER •» THIS IS TO CERTIFY T 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. COILTR TYPE OF INSURANCE 1CP103079922 POLICY NUMBER POLICY EFFECTIVEDATE (MM/DD/YY) 6/01/88 POLICY EXPIRATIONDATE (MM/DD/YY) 6/01/89 ALL LIMITS IN THOUSANDS GENERAL LIABILITY X GENERAL AGGREGATE X~ OWNI COMMERCIAL GENERAL LIABILITY CLAIMS MADE [XI OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE PRODUCTS-COMP/OPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY 0/01/00 D/0 I/ OJ CSL BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE EXCESS LIABILITY OTHER THAN UMBRELLA FORM $ 1000 EACHOCCURRENCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY RAGEUNDERTHI WITH ANY OTHER INSURANCE POLICY SHALL BE AVAILABLE T ?RIMARY Al ) THE CIT JD NON-CO t OF CARL STATUTORY (EACH ACCIDENT) (DISEASE-POLICY LIMIT) ft BUT Itre-(DISEASE-EACH EMPLOYEE) I 3BAD. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMSZERTHOLDER IS ADDITIONAL INSURED UNDER CO. A RESPECTS: CARLSBAD SWIM COMPLEX DECK REPAIR/CONTRACT NO: 3271 FOR JORK PERFORMED BY OR ON BEHALF OF THE NAMED INSURED ONLY. I** AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ** 'CERTIFICATE HOLDER CITY OF CARLSBAD *URCHASING DEPARTMENT ^220 ELM AVENUE CARLSBAD, CA 92008-1989 -ACORD 25-8(11/85) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I AUTHORIZED REPRESENTfCVRSHALL D. WELLER feJIR/ACORD,COHPORATION;:i985: OfQI CERTIFICATE OF INSURANCE j ISSUE DATE (MM/DD/YY) 11/03/88 PRODUCER John Burnham & Company ^10 West Ash Street .0. Box 2910 San Diego, CA 92112-4215 INSURED Roca Construction, Inc. 1470 Bay Blvd., Lot 2 Chula Vista CA 92011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSNO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY ALETTER A COMPANY BLETTER B COMPANY f* LETTER ** COMPANY Q LETTER industrial Indemnity Company COMPANY eLETTER * 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. I COILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEDATE (MM/DD/YY)POLICY EXPIRATIONDATE (MM/DD/YY)ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE I [OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE GENERAL AGGREGATE PRODUCTS-COMP/OPS AGGREGATE PERSONAL & ADVERTISING INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSE (ANY ONE PERSON) AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY CSL BODILYINJURY(PER PERSON) BODILYINJURY (PERACCIDENT) EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY :N8782365 2/01/88 2/01/89 PROPERTY DAMAGE STATUTORY EACH OCCURRENCE 2000 <EACH ACCIDENT) 2000 (DISEASE-POLICY LIMIT) 2000 (DISEASE-EACH EMPLOYEE)] OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS IE: CARLSBAD SWIM COMPLEX DECK REPAIR :ONTRACT #3271 'CERTIFICATE HOLDER '.ITY OF CARLSBAD JRCHASING DEPARTMENT ^200 ELM AVENUE CARLSBAD, CA 92008-1989 -ACORD.25-S (11/85) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. > WELLER 9 !•) »•- 23 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 Elm Avenue, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is ** hereinafter called "Escrow Agent." ** For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as follows: to 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code of the State of California, I "*" Contractor has the option to deposit securities with Escrow *» Agent as a substitute for retention earnings required to be » withheld by City pursuant to the Construction Contract 1 entered into between the City and Contractor for I | in the amount of dated j (hereinafter referred to as the "Contract"). A copy of said I contract is attached as Exhibit "A". When Contractor I deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the . securities at the time of the substitution shall be at 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 I ** and shall » designate the Contractor as the beneficial owner. Prior to . ** any disbursements, Escrow Agent shall verify that the present cumulative market value of all securities substituted is at least equal to the cash amount of all cumulative retention under the terms of the Contract. 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. 24 3. Alternatively, the City may make payments directly to Escrow Agent in the amount of retention for the benefit of the City until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses any payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the City of the default of the Contractor, the Escrow Agent shall immediately convert the securities to cash and shall distribute the case as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contractor has complied with all requirements and procedures applicable to the Contract, 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 monies and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections 4 and 6, inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to sign five (5) 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: 25 For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title Name [ S ignature Address For Contractor: Title Name Signature Address 26 RELEASE FORM THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges payment in full for all compensation of whatever nature due the Contractor for all labor and materials furnished and for all work performed on the above-referenced project for the period specified above with the exception of contract retention amounts and disputed claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ DISPUTED CLAIMS DESCRIPTION OF CLAIM AMOUNT CLAIMED The Contractor further expressly waives and released any claim the Contractor may have, of whatever type or nature, for the period specified which is not shown as a retention amount of a disputed claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, and work due Subcontractors for the specified period have been paid in full and that the parties signing below on behalf of Contractor have expressed authority to execute this release. DATED: PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) BY BY 27 SUPPLEMENTARY GENERAL PROVISIONS 1-1 TERMS To Section 1-1, add: A. 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. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer," unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his 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 her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 28 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California Engineer - the Project Manager for the City of Carlsbad or his approved representative 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work are the Standard Specifications for Public Works Construction. 1985 Edition, the 1986 supplement, and the January, 1986 Standard Special Provisions, hereinafter designated SSPWC, as issued by the Southern California Chapter of the American Public Works Association, and these General Provisions. The Construction Plans consist of four (4) sheets designated as City of Carlsbad Drawing No. 287-4. The standard drawings utilized for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the product manufacturer's direction, the Contractor shall obtain and distribute the necessary copies of such instruction, including two (2) copies to the City. To Section 2-5, add: 2-5.4 Record Drawings: The Contractor shall provide and keep up-to-date a complete "as- built" record set of transparent sepias, which shall be corrected 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 City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. 29 4-1 MATTreTAT.g AND WORKMANSHIP To Section 4-1.3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representative. The Engineer shall have free access to any or all parts of work at any time. Contractor shall furbish Engineer with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall be approved by him 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 trial, it is found that sources of supply which 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. After improper storage, handling or any other reason shall be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the plans and the SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Add the following section: 4-1.7 Nonconforming Work The contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 30 5-1 LOCATION Add the following: The City of Carlsbad 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 of completeness of the utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including service connection, desired by the Contractor for his/her own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the City. If delays occur due to utilities relocations which were not shown on the Plans, it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. No changes shall be made to the construction schedule without the prior written approval of the Engineer. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. 6-7 TIME OF COMPLETION The Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed" and shall diligently prosecute the work to completion within fifty (50) consecutive days after the date of the Notice to Proceed. 31 To Section 6-7.2, Working Day, add: Hours of word - All work shall normally be performed between the hours of 7:00 a.m. and sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Engineer f he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of the Engineer. This written permission must be obtained at least 48 hours prior to such work. The Contractor shall pay the inspection costs of such work. Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor, at his expense. 6-9 LIQUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be assessed the sum of $ 300 per day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 7-3 LIABILITY INSURANCE and 7-4 WORKERS' COMPENSATION Modify Sections 7-3 and 7-4 as follows: SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. If the insurance is on a "claims made" basis, coverage shall be maintained for a period of three years from the date of completion of the work. The cost of such insurance shall be included in Contractor's bid. The insurance company or companies shall meet the requirements of City Council Resolution No. 8108. 32 A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability; and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto"; and 3. Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability Insurance. B. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. • 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions 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 retentions 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. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 33 1. General Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and complete 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. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be in excess of 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 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers' Liability Coverages The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from work performed by Contractor for the City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A: XI unless otherwise authorized by City Council Resolution No. 8108. 34 F. Verification of Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsement 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 provided by the City and are to be received and approved by the City before work commences. G. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on City property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. 7-8 PROJECT AND SITE MANAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working days at the City's request. Add the following to Section 7-8: 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 City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 35 7-10 PUBLIC CONVENIENCE AND SAFETY Add the following to Section 7-10.4, Public Safety: 7-10.4.4 Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all time, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which 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, such conditions or modifications established pursuant to Section 1601 of the Fish and Game Code shall become conditions of the contract. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL Delete this section. 9-3 PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in amount of retention. 10 SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 36 Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 50' intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, storm drains, and structures (4 corners min.). Rough grade as required to satisfy cut of fill to finished grade (or flowline) as indicated on a grade sheet. Contractor shall transfer grade hubs for construction and inspection purposes to crown line base grade of streets as required by Engineer. Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencing construction of surveyed item. 11 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the construction under this contract. The Contractor shall contact the appropriate water agency for requirements. The contractor shall include the cost of water and meter rental within appropriate items of the proposal. No separate payment will be made. 12 SUBSTITUTION OF MATERIALS The proposal of the Bidder shall be in strict conformity with the plans and specifications, and shall be based on providing the materials or items therein shown or specified. The Contractor may offer a substitution for any material, item or method of construction for review and approval by the Engineer. Such requests shall be made in writing and shall be submitted prior to start of construction if possible, but not less than ten (10) days prior to any actual use or installation. The submittal shall include evidence that the substitution is equal to, or exceeds the requirements of the required material or item specified. If the substitution is not approved by the Engineer, then the originally specified material or item of work shall be provided. 13 AS-BUILT DRAWINGS The Contractor shall maintain an up-to-date "as-built" set of project plans on the project site. The plans shall be corrected daily and shall show every change from the original drawings and specifications, and "as-built" location of of all items of work. A set of full size prints will be provided by the City to the Contractor for this purpose. The as-built plans shall be delivered to the Engineer on completion of the work. 37 14 PERMITS The City will issue all applicable city permits for this work at no cost to the Contractor. The Contractor will be responsible for obtaining and paying for any permits or licenses required from other agencies. 15 BID PROPOSAL QUANTITIES The quantities shown in the Bid Proposal for unit price items are approximate only and are for the purpose of comparing bids. Such quantities may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for any damage alleged by reason of such decreased or eliminated quantities, including loss of anticipated profits. The Contractor shall be entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events or emergencies, to increase or decrease the quantities of work to be performed under unit price items, or to entirely omit the performance thereof, and the Engineer shall direct the Contractor to proceed with the work as so modified. If an increase in the quantity of work so ordered should result in a delay in the work, the Contractor will be given an appropriate extension of time. 16 MATERIALS TESTING Materials testing shall conform to the requirements in Section 4- 1.4 of the Standard Specifications and these special provisions. In lieu of the requirements in said Section 4-1.4, the Contractor shall retain an independent materials testing laboratory to periodically sample and test materials to be incorporated in the work. The reports of such tests shall be submitted to the Engineer. The cost of materials testing shall be included in the prices paid for the various contract items of work requiring testing and no additional compensation will be made therefor. 17 CERTIFICATES OF COMPLIANCE The Contractor shall furnish a certificate of compliance for for the following materials. The certificate shall be signed by the manufacturer of the material and shall state that the material complies in all respects with the requirements of the specifications. A certificate shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified on the certificate. 38 Epoxy-coated reinforcing steel Stainless steel Sealant Epoxy adhesives All materials used on the basis of a certificate of compliance may be sampled and tested at any time. The fact that material is used on the basis of a certificate of compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications, any material not conforming to such requirements will be subject to rejection whether in place or not. 1« PT.RANUP AND DUST CONTROL Cleanup and dust control shall conform to the requirements in Section 7-8.1 of the Standard Specifications. Full compensation for cleanup and dust control shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. 39 SPECIAL PROVISIONS 1 WORK TO BE DONE The work to be done consists, in general of the demolition and replacement of reinforced concrete pool coping and deck slab; installation of lane line wall anchors; lifeguard chair repairs; pool cleaning and minor pool plaster repairs, and other work all as shown on the plans and as specified in these special provisions. 2 CONSTRUCTION SCHEDULE The Contractor shall submit a construction schedule in accordance with the requirements in Section 6-1 of the Standard Specifications. As the last order of work, the Contractor shall drain the swimming pool, perform acid wash and cleaning, and pool plaster repairs and refill the pool upon completion. It is the intent of this contract that the swimming pool remain filled throughout demolition and reconstruction of coping and concrete deck. 3 DEMOLITION The Contractor shall submit proposed demolition, removal and disposal procedures to the Engineer for approval before work is started. Procedures shall provide a detailed description of the methods and equipment to be used for each operation, and of the sequence of operations. The work includes demolition, removal and disposal of reinforced concrete as shown on the plans. The Contractor shall recover existing embedded items which are indicated on the plans to be salvaged and reinstalled in the new construction. The Contractor shall protect existing facilities which are to remain in place, or are to be reused. Facilities which are damaged as a result of the Contractor's operations shall be repaired to original conditions or replaced with new. The Contractor shall take proper precautions to prevent demolition materials from falling into the swimming pool. Such measures may include placing plywood sheets or other suitable materials along edges of the pool to catch and hold demolition materials. Submit the proposed method to the Engineer for approval. 40 Demolition materials, except items indicated to be salvaged, shall become the property of the Contractor and shall be disposed of at a legal disposal site. Demolition materials shall be removed from the site in a timely manner, however, materials may be collected and stored in dumpster type receptacles on site which shall be promptly removed when filled. The contract lump sum price paid for demolition shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in demolition, including salvage of required embedded items, protection of existing facilities and disposal of demolition materials, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 4 SUBGRADE PREPARATION Subgrade for new concrete deck slab shall be prepared in accordance with the requirements in Section 301-1 of the Standard Specifications and these special provisions. The Contractor shall level any disturbed material and place clean plaster sand as necessary to replace deficient subgrade material. The subgrade and sand fill shall be watered and tamped, and struck off to form a smooth plane ready for placement of reinforcing and concrete. The upper six (6) inches of subgrade shall be compacted to a relative density of 95 percent. Full compensation of preparing subgrade, including furnishing and placing sand fill if required, shall be considered as included in the contract price paid per square foot for concrete deck slab, and no additional compensation will be allowed therefor. 5 CONCRETE CONSTRUCTION Concrete construction shall consist of forming and placing concrete for swimming pool coping and deck slab, installation of control joints and expansion joints, installation of anchors and other items to be embedded, and finishing and curing of concrete. Concrete materials and construction shall conform to the requirements in Section 200-1 and Section 303-1 of the Standard Specifications, respectively, and these special provisions. All concrete used on this project shall contain not less that 752 pounds of portland cement per cubic yard. 41 Items to be embedded shall be placed and held accurately in the final positions during placement of concrete. Openings, threads and fittings shall be protected from damage during placement and finishing of concrete. Reinforcing dowels shall be installed in drilled holes as shown on the plans. Epoxy adhesive used to bond dowels shall be a two- part low viscosity liquid polysulfide extended epoxy conforming to the requirements of State Specification 8040-01F-03) as specified in the State Standard Specifications published by the State of California, Department of Transportation, July 1984. Drilled holes shall be filled completely with the epoxy mixture and dowels immediately inserted therein. Dowels shall not be disturbed or moved until the epoxy has thoroughly set. Concrete for coping and deck shall be placed in alternating sections separated by a control joint or expansion joint as shown on the plans. Concrete coping shall be constructed first. Concrete surfaces shall be steel-trowel finished and horizontal surface shall receive a light transverse broom finish. Exposed edges shall be tooled to the radii shown on the plans. Concrete shall be cured for a period of not less than seven (7) days by either continuous water spray or covering with plastic membrane. The use of chemical curing compounds will not be permitted. Expansion joints shall be constructed where shown on the plans. Sealant for expansion joints shall be Type "A" (Two-Part Polyurethane Sealant) conforming to the requirements in Section 201-3 of the Standard Specifications. Concrete to be patched where shown on the plans, shall be chipped out to sound material and all dust and debris removed by thoroughly flushing the repair area with water. Old concrete to receive new concrete shall be coated with a commercial quality concrete adhesive immediately prior to placement of concrete. Concrete adhesive shall also be incorporated into the concrete mix to be used for patching. Follow the manufacturer's directions for use. The surface of the patch area shall be flush with the surrounding area and and shall be steel trowel- finished and blended to match the surrounding concrete. Concrete repairs shall be cured as described above. Concrete coping will be measured and paid for by the linear foot, measured along the edge of coping, and concrete deck will be measured by the square foot computed by multiplying the total length measured along the midpoint of the deck by the width of the deck, excluding the width of the coping. 42 Full compensation for making the concrete deck repair as shown on the plans will be considered as included in the contract price paid for concrete deck slab and no separate payment will be allowed therefor. The contract prices paid per linear foot for concrete coping and per square foot for concrete deck shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved constructing concrete coping and concrete deck, complete in place, including subgrade preparation, drilling and bonding dowels, installing embedded items and installing expansion joints, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 6 REINFORCING STEEL Bar reinforcing steel shall conform to the requirements in Section 201-2 of the Standard Specifications and these special provisions. All reinforcing used on this project shall be epoxy-coated. Epoxy-coated reinforcing shall conform to the requirements of ASTM Designation: D 3963, except that the thickness of the coating shall be 7 mils, plus or minus 2 mils. The coating shall have a light pastel color. A certificate of compliance shall be furnished for each lot of epoxy-coated reinforcing bars certifying that the coated bars conform to the requirements of ASTM Designation: D 3963 and these special provisions. All damage to the coating caused by handling and fabrication prior to shipment to the jobsite shall be repaired as required by ASTM Designation: D 3963. The bar surface area covered by patching material shall not exceed five (5) percent of the total surface area of the bar. Patching material shall be compatible with the fabricator-applied coating material and not harmfully reactive with the concrete, and shall be feasible for use in field repairs by the fabricator or installer. Patching material shall conform to the requirements in Annex Al of ASTM Designation: D 3963. Patching of damaged areas shall be performed in accordance with the manufacturer's written instructions. Cut ends of rinforcing bars shall be epoxy-coated. Tie wire, bar chairs and other metallic supports used to secure or support epoxy-coated reinforcing shall be plastic or epoxy- coated to prevent corrosion of the devices or damage to the reinforcement. 43 Attention is directed to the reinforcing bar clearances to concrete surfaces shown on the plans. The clearances indicated are absolute minimums and every reinforcing bar shall have not less than the specified clearance evident prior to and during placement of concrete. Bar clearances shall be checked just prior to concrete placement and adjusted as directed by the Engineer. The contract price paid per pound for epoxy-coated bar reinforcing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing epoxy-coated bar reinforcing, including patching damage epoxy-coating, complete in place as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 7 MISCKT.TAWKQUS METAL Miscellanous metal shall consist of furnishing or fabricating, and installing lane line wall anchors, lifeguard chair support posts and any other metallic items required to complete the work as shown on the plans or specified in these special provisions. Lane line wall anchors shall consist of either cast bronze, chromium plated eyebolts or stainless steel eyebolts of the dimensions shown on the plans. Each anchor shall be of the same material as the eyebolts. Anchors shall be installed in drilled holes at locations shown on the plans. Epoxy adhesive for wall anchors shall be a low viscosity paste polysulfide extended epoxy formulated for bonding metal anchors in horizontal holes in concrete. Epoxy shall conform to the requirements in State Specification 8040-21M-08 as described in the aforementioned State Standard Specifications. Support posts for lifeguard chairs shall be fabricated from Type 316 stainless steel pipe and plate stock in accordance with the details shown on the plans. Welding shall conform to the requirements in American Welding Society (AWS) Designation A5.4 and electrodes used shall be E316 (18-12MO). All bolts and nuts shall be stainless steel suitable for the purpose intended. After fabrication, exposed surfaces of support posts and baseplates shall be polished using 180 grit. Miscellaneous metal shall include furnishing and installing replacements for any embedded items shown on the plans to be salvaged during demolition. Items unable to be salvaged or damaged beyond repair, which in the opinion of the Engineer is not the fault of the Contractor, shall be paid for as extra work in accordance with Section 3-3 of the Standard Specifications. Items unable to be salvaged or damaged beyond repair, which in 44 the opinion of the Engineer is the fault of the Contractor, shall be furnished and replaced at the Contractor's sole expense. The contract unit price paid each for lane line wall anchors shall include full compensation for furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved in installing lane line wall anchors, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. The contract lump sum price paid for lifeguard chair support posts shall include full compensation for furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved in replacing lifeguard chair support posts, including anchor plates, bolts and nuts, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 8 CERAMIC TILE This work shall involve furnishing and installing ceramic tile depth markers and water polo markers as shown on the plans and in accordance with these special provisions. Mosaic tiles shall be one (1) inch unglazed clay tiles and depth markers shall be 4-1/4" by 4-1/4" glazed ceramic tile with integrally fired letters and numerals. Tile shall be of the best commercial quality, suitable for the purpose intended. Colors shall be as shown on the plans. Tile shall be set flush with the surrounding surface. Ceramic tile shall include furnishing and installing replacement tile where existing tile is damaged as a result of this construction. Tile which is damaged, in the opinion of the Engineer, not due to the Contractor's failure to take appropriate precautions, shall be paid for as extra work in accordance with Section 3-3 of the Standard Specifications. Tile which is damaged, in the opinion of the Engineer, due to the Contractor's failure to take appropriate precautions, shall be furnished and installed at the Contractor's sole expense. The contract unit price paid per square foot for ceramic tile markers shall include full compensation for furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved in installing ceramic tile markers complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, an as directed by the Engineer. 45 9 POOL ACID WASH This work shall involve draining the swimming pool, acid washing and flushing the pool surfaces, and refilling the pool upon completion of pool plaster repairs. After completion of concrete construction work, the Contractor shall drain all water from the pool using Contractor-supplied portable pumps. Water shall be disposed of as directed by the Engineer into the public storm drain system in Monroe Street. Sufficient pumping capacity shall be employed in order to remove all water within 8 to 12 hours after commencement. Removal of water shall preferrably take place overnight. In this regard, the Contractor shall take all necessary measures to mitigate noise in accordance with City Noise Control Ordinance requirements. After the water level is sufficiently lowered to allow access to pool walls, the Contractor may begin acid-washing the pool walls with a muriatic acid solution of appropriate strength. Follow the manufacturer's directions for dilution and application. The Contractor shall take all necessary safety precautions and follow all applicable safety regulations during the handling and application of acid. Workers shall be furnished with appropriate safety clothing, face masks and gloves to prevent possible inj ury. Acid-washing shall continue to the bottom surface of the pool after water has been removed. Surfaces shall be scrubbed using stainless steel brushes or other appropriate methods. The acid- washing and brushing shall continue until in the opinion of the Engineer, no further stains or discolorations can be removed. At the completion of acid-washing, all cleaned surfaces shall be thoroughly flushed with plain water until free of residual acid solution. Upon completion of plaster repairs, and as directed by the Engineer, the Contractor shall immediately begin to refill the pool with water. The application of chlorine or stabilizing chemicals will be accomplished by City forces at no cost to the Contractor. The contract lump sum price paid for acid-washing and clean pool shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in acid-washing and cleaning the swimming pool, including draining the pool and refilling after completion of plaster repairs, complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 46 10 POOL PIASTER REPAIRS Pool plaster repairs shall consist of chipping and removing loose pool plaster and installing new pool plaster as shown on the plans and in accordance with these special provisions. Plaster shall consist of a mixture of approximately 65 percent by weight of limestone/white marble dust and approximately 35 percent white portland cement, a commercial quality acrylic concrete bonding adhesive and sufficient water for a workable mixture. The Engineer shall designate the number and extent of areas of plaster to be repaired. The quantity of pool plastering indicated in the bid proposal is an estimate only and the actual quantity may vary. The area to be repaired shall be thoroughly cleaned of all loose material and then flushed with water, The surface and edges to receive plaster shall be given a coat of acrylic concrete bonding adhesive prior to application of the plaster. The plaster shall be thoroughly compacted into the repair area and the surface struck off even with the surrounding surface. The edges of the repair shall be blended into the surrounding surface. After all plaster repairs have been made, refilling of the pool shall be immediately begun. It is the intent of this contract that the pool be empty for the shortest feasible period in order to prevent drying and possible cracking of existing pool surfaces. Pool plaster repairs will be measured and paid for by the square foot in place computed by multiplying the longest measured dimension of the repair area by greatest width measured perpendicular to the longest dimension. The contract unit price paid per square foot for pool plaster repairs shall include full compensation for furnishing all labor, materials, equipment, tools and incidentals, and for doing all the work involved in installing pool plaster repairs complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, an as directed by the Engineer.