The URL can be used to link to this page

Home My WebLink AboutRSM2; 2005-04-01; STS05001RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DQC# 2006-0014588 JAN 09, 2006 8:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 R Y ,l. S MIT H. CO U N TY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1 . 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was completed on October 24, 2005. The name of the contractor for such work or improvement is RSM2 Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: City Streets Concrete Curb and Gutter Replacement, Agreement Number STS05001. The street address of said property is various locations. Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 5>ec.-e»«te<>r *\ , 20 o^ . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Sfet-e^Va-e.-*- \*\. 2QC&, at Carlsbad, California. CITY OF CARLSBAD CORRAINE M. WOOD os° City Clerk Word\Mastere\Forms\Notice of Completion (City) CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for the City Streets Concrete Curb and Gutter Replacement; STS-05001and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE City Streets Concrete Curb and Gutter Replacement. $91,875 PUBLIC WORKS MANAGER CERTIFICATION OF COMPLETION OF IMPROVEMENTS _ Greg Clavier, Public Works Manager G.S. Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above-described improvements. „ , -fw RAYMOND R. PATCHETT, City Manager Date APPROVED AS TO FORM: Ronald R. Ball, City Attorney Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 JANUARY 2005 $3 Revised 10/08/03 Contract No. STS05001 Page 1 of 72 Pages Item . TABLE OF CONTENTS Paae Notice Inviting Bids ........................................................................................................................ Contractor’s Proposal .................................................................................................................... Bid Security Form .......................................................................................................................... Bidder’s Bond To Accompany Proposal ....................................................................................... Guide For Completing The “Designation Of Subcontractors” Form ............................................. Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. Bidder’s Statement Of Financial Responsibility ............................................................................ Bidder’s Statement Of Technical Ability And Experience ............................................................. Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive Liability And Workers’ Compensation ........................................................................................... Bidder’s Statement Of Re Debarment .......................................................................................... Bidder’s Disclosure Of Discipline Record ......................................................................... Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. Contract Public Works .................................................................................................................. Labor And Materials Bond ............................................................................................................ Faithful PerformanceNVarranty Bond .................................. i ........................................................ Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 4 8 12 13 15 17 18 19 20 21 22 24 25 31 33 35 Revised 10/08/03 Contract No . STS05001 Page 2 of 72 Pages SUPPLEMENTAL PROVISIONS F Part 1 General Provisions Section 1 1-1 Terms .................................................................................................................... 38 1-2 Definitions ............................................................................................................. 38 1-3 Abbreviations ........................................................................................................ 39 Terms. Definitions Abbreviations And Symbols Section 2 2-3 2-4 2-5 2-1 0 Section 3 3-2 3-3 3-4 3-5 Section 4 4- 1 4-2 . Section 5 5- 1 5-4 Section 6 6-1 6-2 6-7 6-8 6-9 Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Section 9 9-1 9-3 Scope And Control Of The Work Subcontracts ......................................................................................................... 40 Contract Bonds ..................................................................................................... 40 Plans And Specifications ...................................................................................... 41 Authority Of Board And Engineer ......................................................................... 42 Changes In Work Changes Initiated by the Agency .......................................................................... 43 Extra Work ............................................................................................................ 43 Changed Conditions .............................................................................................. 43 Disputed Work ...................................................................................................... 44 Control Of Materials Materials And Workmanship ................................................................................. 47 Materials Transportation. Handling and Storage .................................................. 47 Utilities Location ................................................................................................................. 48 Relocation ............................................................................................................. 48 Prosecution. Progress And Acceptance Of The Work Construction Schedule And Commencement Of Work ........................................ 48 Prosecution Of Work ............................................................................................. 49 Time of Completion ............................................................................................... 51 Completion And Acceptance ................................................................................ 51 Liquidated Damages ............................................................................................. 51 Responsibilities Of The Contractor Liability Insurance ................................................................................................. 52 Workers' Compensation Insurance ...................................................................... 52 Permits .................................................................................................................. 52 Cooperation and Collateral Work ......................................................................... 52 . Project Site Maintenance ...................................................................................... 52 Public Convenience And Safety ........................................................................... 53 Laws To Be Observed .......................................................................................... 56 Measurement and Payment Measurement Of Quantities For Unit Price Work ................................................. 56 Payment ................................................................................................................ 56 @ Revised 10/08/03 Contract No . STSO5001 Page 3 of 72 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO PM on February IO, 2004, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: CURB, GUlTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STSO5001 This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department, Street Maintenance Division. The specifications for the work include the Standard Specifications for Public Works Construction, (1997 Edition, and the 1998 and 1999 supplements thereto), all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. I The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Street Maintenance Supervisor. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. em p,# Revised 10108/03 Contract No. STS05001 Page 4 of 72 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: .r 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner OperatodLessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this con tract. 10. Bidder' s Statement Re Debarment 1 1 .Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $92,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: _A and c-8 in accordance with the provisions of State law. .- If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Street Maintenance Supervisor a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Street Maintenance Supervisor a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. I The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. r, em r,s Revised 10/08/03 Contract No. STS05001 Page 5 of 72 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. ,-- The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. No pre-bid meeting will be held. Potential bidders should tour project sites prior to submitting bids. All bids are to be computed on the basis ofthe given estimated quantities ofwork, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink bya person authorized to sign for the Contractor. rc Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authoring the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. p,@ Revised 10108103 /- 4- Contract No. STS05001 Page 6 of 72 Pages Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited inany manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. ISABELLE J. PAULSEN, CMC Deputy Clerk DATED: January 6,2005 4% %$ Revised 10/08/03 Page 7 of 72 Pages ,.- c CITY OF CARLSBAD c CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 c CONTRACTOR'S City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 c The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. STS05001 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the - following unit prices for each item complete, to wit: - Approximate Item Quantity Unit Price No. I - c - - Total Description and Unit Remove and replace Type G curb and gutter per SDRSD G-2 at 906 LF A \ Dollars per Linear Feet 43 020,- $ 2 Remove and replace sidewalk per SDRSD G-7 at 7,170 SF $ Dollars ber Square Foot 3 Remove and replace driveway approaches per SDRSD G-14 at 2,OI 5 SF LL bW Dollars pbr Square Foot $ 7/46' $ S, 4 Asphalt and concrete saw cutting at 1,485 LF / Dollars per Linear Foot c L <$ Revised 10/08/03 Contract No. STS05001 Page 8 of 72 Pages Item - No. Description Root grubbing at Dollars per Lfcation \r Wlrn Traffic control at IUlA-W Dollars (Lump Sum) Approximate Quantity Unit and Unit - Price Total $ s25b,- 175 Locations $X I Total amount of bid in numbers: $ Price(s) given above are firm for 90 days after date of bid opening. Bids will be evaluated based on quantities and unit prices therefor. Quantities as specified herein are estimates for bidding purposes only. Add end u m (a) No (s) .- / hadhave been received and idare included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do within the State of Cali rnia, validly licensed under , classification -a- which expires on is true and correct and has the legal effect of A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code 5 201 04. '3 Revised 10/08/03 Contract No. STS05001 Page 9 of 72 Pages r- -. c I The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted hidher 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. Cashier's Check) for ten percent (10%) of the amount bid. Accompanying this proposal is rO P (Cash, Certified Check, Bond or The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter I , Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (Street and Number) c A (4) Zip Code Telephone No. (5) E-Mail - L Revised 10/08/03 Contract No. STS05001 Page 10 of 72 Pages License Detail Page 1 of2 License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License ## 819649 DISC LA1 M E R A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17, only construction related civil judgments known to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 02/10/2005 ,- * * * Business Information * * * R S M 2 CONTRACTORS INC 8265 COMMERCIAL ST #9 LA MESA, CA 91942 Business Phone Number: (619) 698-7777 Entity: Corporation Issue Date: 05/13\2003 Expire Date: 05/31/2005 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * jclass i Description i"--.---"-r-"--"-.-& --xxxxIIII-II.I iB /GENERAL BUILDING CONTRACTOR IA IGENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 173531 in the amount of $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. http://www2 .cslb.ca.gov/CSLB-LIBRARY/License+Detail.asp 02/10/2005 License Detail Page 2 of 2 Effective Date: 01/11/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) ROBERT CHRISTOPHER SAMUEL certified that he/she owns 10 percent or more of the voting stocklequity of the corporation. A bond of qualifying individual is not required. Effective Date: 05/13/2003 rc- .- * * * Workers Compensation Information * * * employees at this time. Effective Date: 02/21/2003 Expire Date: None This license is exempt from having workers compensation insurance; they certified that they lave no Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Request Contractor Name Request __ Personnel Name Request Salesperson Request Salesperson Name Request 0 2005 State of California. Conditions of Use Privacv Policy /- http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.~p 02/10/2005 Personnel List Page 1 of 1 License Number Request Contractor License # 819649 Contractor Name Request Personnel Name Request Click on the person's name to see a more detailed page of information on that person. Salesperson Request MONTE DUANE MATTSON CEO/PRESIDENT 05/13/2003 MONICA SAMUEL OFF IC ER 05/13/2003 Salesperson Name Request 0 2005 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB - LIBRARY/Personnel+List.asp?LicNum=8 1 9649 02/10/2005 c c IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted c (Title) Impress Corporate Seat here Incorporated under the laws of the State of Place of Business City and State 43LG3' c?krrl&G& s44 Zip Code 4r"Ictr Telephone No. Gc4 - 62s & .W?T E-Mail NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED List below names of president, vice president, secret partnership, list names of all general partners, and ma cretary, if a corporation; if a Revised 10/08/03 Contract No. STSO5001 Page 11 of 72 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT } SS. State of California County of SW B' I eki I Piinted Name of Notary Public Qw 10, zoo 2 before me, persona I ly appeared I Printed Name!sl of SignerM a personally known to me - or - a proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ax- &A\Ji% Signature of Notary Public (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document G Copyright 2004 Notary Rotary, Inc 925 29th St, Des lvloines, IA 5031 2-361 2 Form ACK02 02/04 To re-order, call toll~free 1-877-349-6588 or visit us on the Internet at http //wwwthenotaryshop com The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority idare as: Individual(s) 0 Attorney-in-Fact 0 Corporate Officer(s) Title(s) 0 Guardian/Conservator 0 Partner - Limited/General 0 Trustee(s) 0 Other: representing: Narne(s) of Person(s) or Enttty(ies1 Signer is Representing 0 Additional Slgner(s) 0 Other 0 Signer(s) Thumbprint(s) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 5ooiiqo I Printed Name of Notary Public On Fwaw (Ot ms I before me, Da\e personally appeared mM+e =.ut+&- I Printed Name(s1 of Siqnerb! Wersonally known to me - or - 0 proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. k-\Lx- Signature of Notary Public (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. G Copyright 2004 Notary Rotary, lnc 925 29th St, Des Molnes, IA 50312-3612 Form ACKOZ 02/04 To re~order, call toll-free 1~877-349-6588 or visit us on the internet at http//wwwthenotaryshopcom Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority idare as: 0 Individual(s) Attorney-in-Fact 0 Corporate Ofiicer(s) Title(s) 0 GuardianKonservator 0 Partner - Limited/General Trustee($ 0 Other: representing: Name!s) of Person(s) or Entity(ie8) Signer is Representing Additional Signer(s) 0 Signer(s)Thumbprint(s) 0 Other CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 SS. State of California County of Lhet5ew I Printed Name of Notarv Pdblic @a ‘~i~os I beforeme, te personally appeared hOwCa s&v?ud I Printed Narne(s) of 8igner:sj ‘&pponally known to me -or - 0 form(s) of identification 0 proved to me on the basis of satisfactory evidence: 0 credible witness(es) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Tne preceo’ng Cerrif’care of Acdnovv edqment ‘s atrachea to a aocLmenr 2 ... . . . i. titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: 0 Individual(8) 0 Attorney-in-Fact 0 Corporate Officer(s) TitIeW 0 Guardian/Conservator 0 Partner - Limited/General [7 Trustee($ 0 Other: representing: Name(s1 of Person(s) or Entity(iesj Signer IS Representing 0 Additional Slgner(s) 0 Other 0 Signer($ Thumbprint($ ~Xi,NOhI .opyright 2004 Notary Rotary, lnc 925 29th it, Des Moines, IA 50312-3612 Form ACKO2 02/04 To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http //www.thenotaryshop.com BID SECURITY FORM (Check to Accompany Bid) CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ )I this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) 4$ Revised 10/08/03 Contract No. STSO5001 Page 12 of 72 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 KNOW ALL PERSONS BY THESE PRESENTS: - That we, , as Principal, and I as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. - - THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- 7 bounden Principal for: CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STSO5001 - in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. c - ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... - ... ... - Revised 10/08/03 Contract No. STSO5001 Page 13 of 72 Pages BIDDER'S BOND10 ACCOMPANY PROPOSAL .-. - ..* .I. r.. ... ..I ..i ,*, . .. ... .. . . . .. .I. ..I .;.. .. . .." . . .' .i 4' .I. ..-, ... .. * ... ... I.. . -.. . I. PRINCIPAL: (We and organbation d signatory) SURETY Travelers Casualty and Surety Company of America (nameofSuraty) 9325 Sky Park Court, Suite 220 San Diego, CA 921 23 (addressdsurety) . 8-6252 (Proper nota~IaI acknawledgmmt of execution by PRINCIPAL and SUREN must be attam.) .‘ - CALIFORNIA ALLPURPOSE ACKNQWLEDQMENT State of California I personally appeared PKNNY E- KELLEY d Bllplbro Kl personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(@ whose name@) ism subscribed to the ~thln instrument and acknowledged to me that .t&/sheBDQJ executed the same in XWherBfSi authorized capacity(ies), and that by XWherREBX signature@) on the instrument the person(@, or Notary Public - California UPTlONAL Though the information below is not requlred by law, ii mayprove wluable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 0 Individual i 0 Corporate Offiwr - Title(s): 0 Partner - 0 Umited 0 General 0 Attomey-ln-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: _- 0 1809 Natlonal Nota~~ Assodalion a 8350 De Solo Ave.. P.0. Box 2402 * Chalswfnth. CA 81312-2402 * ~,natlanalnolary,org Pmd. No. 5907 Reorder: Call Toll-Free 1-800-876-887 TRAVELERS CASUALTY AND SbRETY COMPANY OF AMERICA TRAVELERscmALTYANDsuIu&TycoMPANY FARMINGTON CASUALTY COMPANY Earttbrd, Connecticut 061834062 r POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATM)RNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAWLERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMMGTON CASUALTY COMPANY, oorporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of connecticut, (hereinafter the “~mpan.ies’’) hath made, constituted and appointed, and do by these presents make, constitUte and appoint: Jack T. Warnock, Bad B. Stewart., Valerie M. Pearce, Christine A. Paterson, Letitia Sm Martin, Lawrence F. McMahon, James Baldassare, Jr., Penny E. Kelley, of San Diego, California, their true and lawful Attonq(s)-in-Fact, with full power and authority hereby confixred to sign, execute and acknowled& at any place within the United States, the following instrument(s): by hidher sole signature and act, any and all bonds, mgnizances, contracts of indemnity, and other writings obligatory in the nature ofa bond, recognizance, or conditional undertakmg and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same m signed by the duly authorized officers of the companieff, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein @en, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the chairman, the President, any Vice chairman, rmy Executive Vice President, any Senior Vim Mident, any Vice Presideat, any fhd Vice Mdd, the T-, -Assistant Tm, the corporate secretary OT~ Assistrmt Secretary~yapPOint Attonaeys-in-Fact and Agents to act for and an behalfof thecomptmy and may give suchappointeesuchaufhority as his OT her certificate of authoritymayprwcribe to sign with the Company’s name and seal with the Company’s seal bonds, remgnhmces, contracts of indemnity, and other writings ob- in the netore of a bond, recognizance, or conditional undertakin& and any of said 05m or the Board of Diredors at any time may move any such appointee and revoke the power given him or her. Vm That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice president or any Vice Resident may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided tbat each such delegation is VOTED: That any bond, recogniEance, contrect of indemnity, or writing obligatory in the nature of a bond, remgthmce, or conditional mdataldng shall be validandbindingnpontheCompanywhen(a) sipedbythe Resident, any Vice chairman, any Executive Vice President, any Senia Vice President or any Vice President, any second Vice Resident, the Treasum, any AssisEant Treasurer, the Corporate Secretery OT any Assistant secretary end duly &tested and ded with the Company’s seal by a secretary or Assistant fkmh-y, or@) duly executed(under d, if mpired) by one or mare AttorneyS-inFact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuaut to a written delegation of authority. Tbir Power of Attorney and CeMicate of Authority icl signed and crealed by frrcSimiie (mechanical or printed) under and by authority dthe following Standing Resoladion vated by the Bods of Directon of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Remhation is now in fall force and Me vriting and a copy thereof is filed m the office of the secretary. VOTED: That the signature of each of the following officers: Resident, any Executive Vice president, any Senior Vice Resident, any Vice Pmident, any Assistant Vice President, any secretary. any Assistant secretary, and the seal of the Company may be aflked by facsimile to any powu of attorney or to any certificate relating thereto appointing Resident Vice F’residents, Resident Assistant Secretaries or Attorneys-&Fact for pmposes only of executing and attesting bonds and undertalungs * and other writings obligatory in the nature thereoc and any such power of attorney or certi6catc bauhg such facsimile signature or facsimile seal shall be valid and binding upon& Company and my sucb power so executed and certified by such €&simile signature and facsimile seal shall be valid and bin- upon the Company in the f&xe with respect to any bond or rmdatalting to which it is atteched ,- (05-04) Unlimited TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVE~RscmALTYANDsuRETYcoMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 - POWER OF ATI'ORNEY AND CERTIFICATE OF AUTHORITY OF ATI'ORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Conndcut, and having their principal ofilces in the City of Hartford, County of Hartford, State of Conndcut, (herehatkr the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warno&, Bart B. Stewart, Valerie M. Pearce, Christine A. Paterson, Leticia San Martin, Lawrence F. McMahon, James Baldassare, Jr., Penny E. KeUey, of San Diego, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following inStnunent(s): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other Writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney@)-in-Fact, purmant to the authority herein given, are hereby ratified and coaed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED. That the chairman, the President, any Vice (%&man, any Executive Vice F're-sident, any Senior Vice President, any Vice F'resident, any secomd Vice President, the Treasum, any Assistant Treasurer, the corporate secretary or any Assistant secretary may appoint Attorneysm-Fact and Agents to act for and on behalf of the company andmay give such appointee such authority as his or hex certificate of authority may prescribe to Sign with the Company's name and seal with the Compy's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional underhkug and any of said officers or the Board of Directors at any time may move any such appointee and revoke the power given him or her. VOTED: That the Chairman, the F'resident, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice president may &legate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is VOTED: That any bond, recognizanCe, contract of indemnity, or writing obligatoIy in the nature of a bond, recognizanCe, or mditional undertaking shall be valid and binding upon the Companywhen(a) signedby the President, any Vice Chairman, any Executive Vice F'resident, any Senim Vice Mident or any Vice Mident, any Second Vice president, the Treamer, any Assistant Treasurer, the Corporate secretary or any Assistant secretary and duly attestedaud sealed with the Company's seaI by a SecrehuyorAssistant Seaebq, or@)dulyexecuted(underseal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written &legation of authority. "'his Power of Attorney and Certakate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the follarrring Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in M force and ef€eck writing end a copy thereof is fled m the office of the secretary. VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice Mident, any Vice President, any Assistant Vice President, any Secretary, any Assistant secretary, and the seal of the Company may be af6xed by facsimile to any power of attorney or to any -ate relating thereto appointing Resident Vice F'residents, Resident Assistant secretaries or Attorneys-in-Fact for purposes only of executing end attesting bonds and undertab@ and other writings obligatory in the nature thereoc and any such power of attomey or certificate bearing such facsimile siphue or facsimile seal shall be valid and bdiuguponthe Company and any such power 80 executed and certifidby such facsimile signature and facsimile seal shall be valid and bin- upon the Company in the future with respect to any bond or rmdertaLing to which it is attached. (05-04) Unlimitsd IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 17th day cf August, 2004. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMF'ANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY BY George W. Thompson Senior Vice President On this 17th day of August, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that hdshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that hdshe knows the seals of said corporations; that the seals afked to the said instrument are such corporate seals; and that hdshe executed the said instrument on behalf of the corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMTNGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and CertiEcate of Authority remains in full force and has not been revoked; and fixthennore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Oflice of the Company, in the City of Hartford, State of Connecticut. Dated this 9th day of February ,20 05 Peter Schwartz Senior Vice President IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 percent of the amount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of temrism-related losses for which the federal govlemment or an insurer can be responsible at $100 billion, provided that the insurer has met its deductible. Please note that passage of the Act does not mutt in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-101s @/04) i i Company Profile Page 1 of2 bompany Profile TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 877-872-8737 Former Names for Company Old Name: AETNA CASUALTY & SURETY COMPANY OF AMERICA Effective Date: 07-0 1 - 1997 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 31194 NAIC Group #: Date authorized in California: Company Type: Property & Casualty State of Domicile: CONNECTICUT ~ 3548 ~~ July 31, 1981 California Company ID #: 2444-8 License Status: UNLIMITED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY http://cdinswww.insurance.ca.gov/pls/wu~cogrof/idb~co~rof~utl.get~co~ro~p~EID=6 1 82 02/10/2005 Company Profile .. Page 2 of 2 ."-- FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information I) Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04,2004 1 1 : 18 AM Copyright 0 California Department of Insurance Disclaimer http://cdinswww. insurance. ca. gov/pls/wu-coqrof/idb - coqrof - utl. get-coqroflp-EID=6 1 82 02/10/2005 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor and Owner OperatodLessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Street Maintenance Supervisor on the 'Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. - The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in reiection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. F Revised 10/08/03 Contract No. STS05001 Page 15 of 72 Pages Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. ,- Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. STSO5001 Page 16 of 72 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Subcontractor's License No.* Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 I Contract No. STS05001 Page 17 of 72 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 10/08/03 Contract No. STS05001 Page 18 of 72 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used. a Revised 10/08/03 Contract No. STS05001 Page 19 of 72 Pages 'CER 61 9-238-1 828 Driver Alliant Insurance Cory Doucette 1620 Fifth Avenue RSUl Indemnity Company RSM2 Contractors, Inc. 8265 Commercial St. Ste 9 La Mesa CA 91942 Casualty Ins. Co. LIMITS POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE (MMIODNY) DATE IMMIODIYYJ GENERAL LIABILITY GLW779259 611 3104 611 3/05 9 2000000 GENERAL AGGREGATE 2000000 PRODUCTS. COMP/OP AGG $ PERSONAL & ADV INJURY 9 1000000 - x COMMERCIAL GENERAL LIABILITY I CLAIMS MADE OCCUR OWNERS & CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 - FIRE DAMAGE (Any one firel $ 50000 MED EXP (Any one person) S 5000 1000000 AUTOMOBILE LIABILITY 72U ECUM8324 611 3/04 COMBINED SINGLE LIMIT S 611 3'05 7 ANY AUTO AU OWNED AUTOS SCHEDULED AUTOS NON-OWNEG AUTOS EL EACH ACCIDENT 1 EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ EMPLOYERS' UABlUTY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL D OTHER 72SBAAF0194 0611 3/04 0611 3/05 LEASED & RENTED EQUIPMENT $50,000 MAXIMUM $20,000 PER UNIT I 5% DEDUCTIBLE I I I I I lESCRlPTlON OF OPERATIONSROCATlONSNEHlCLES/S~ClAL ITEMS RE: RSM2 #0448 PLAZA LAS AMERICAS SINK HOLE CERTIFICATE HOLDER, PCCPlSB LAS AMERICAS LLC, & STOLTZ MANAGEMENT OF DELAWARE, INC. ARE NAMED AS ADDITIONAL INSURED PER ATTACHED ENDORSEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEP BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL - 30 DAYS WRlTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAlL SUCH NOTICE SHAU IMPOSE NO OBUGATION OR LIABILITY ENTS OR REPRESENTATIVES. POLICYHOLDER COPY c 6 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE Fu N e> CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-26-2005 GROUP: POLICY NUMBER: 1733971-2004 CERTIFICATE ID: 46 CERTIFICATE EXPIRES: 08 -01- 2 005 08-01-2004/08-01-2005 This is to certify that we have issued a valid Worker's Compensation insu,rance policy in a form approved by the California insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition d any confract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATWE PRESIDENT EMPLOYER'S LIABILITl LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT el600 - MONTE DUANE MATTSON, PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - ROBERT CHRISTOPHER SAMUEL, TREASURER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS"NOT1CE EFFECTIVE 08-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ,- RSM2 CONTRACTORS, INC 8265 COMMBIRCIAL ,ST STE 9 LA MESA &I SI942 a r_ BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE I LIABILITY AND WORKERS’ COMPENSATION -- - (To Accompany Proposal) CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STSO5001 - As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: - Comprehensive General Liability Automobile Liability 7 Workers Compensation - Employer’s Liability 2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. - rc - All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. c$ Revised 10/08/03 Contract No. STS05001 Page 20 of 72 Pages 03/08/2005 15:39 FAX 6196991372 I 6 EXCESI LIAUIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKWS COMPENSATION AND EMPLOVIRS’ LIABILIW DRIVER ALLIANT @ 00 1 /003 “A21 1988 $11 3/04 Driver Alliant Insurance Cory Doucette 1620 Fifth Avenue San Diego, CA 92101 Westchemer Surplus Llnes WC STATU. OIH- ORY LIMIT6 EL EACH ACCIDEM EL OISEASE - POLICY LIMIT EL Di6EfGE - EA EMPLOYEE INSURU) RSM2 Contractors, Inc. 8265 Commercial St. Ste 9 La Mesa CA 91942 I B ; .:’: ’.;: ’.’. .: . .. . .’ . : , . . . , . . .. . . , . . . .. , . $ 0 0 --..._ I RSUl lndernnlty Company COMPANY C Hartford Fire ha. Co. 0 .. *- CDMP4NY Hsnfard Casualty Ins. Co. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOU PDLICY EFFECTIVE D4TE fMM/DP/Wl TVPE OF WSURANCE POLICY NUMBER co LTR COMMERCIAL GENERAL LIABILITY OWNER’S L COWRETOR’S PAOT IH I GLW779269 611 3/04 ALL OWNED AUTOS SCHEDULED AUTOS 72UECUMB324 611 3/04 I KYAUTO THE PROPRlETOA/ PARTNERSIEXECUTIVE LEASED 5 RENTED EQUl PMENT OB11 3/04 D BY PAID CLAIMS. ’OUCY DATE (MMIDDIYY) SXPIWTION UMITS 8/13/05 - GENERAL AGGREGATb B 2000000 PRODUCTS * COMP/OP AGC 0 2 0 00 DO 0 PERSONAL Q AOV INJURY 0 1000000 EACH OCCURRENCE 6 1000000 FIRE DAMAGE (Any ona flrm) 50000 . HED EXP (Any one pwrcm) 0 so00 ioooaoo I 8’13’06 1 COM~INEO $lNOLE LIMIT 1 S BODILY INJURY 1Pet parbod BODILY INJURY [Par aucldmnt) PROPERTV OCHAGE AUTO ONLY - EA ACCIDENT I ¶ OTHER THAN AUTO ONLY: . , . . , . . . . . . . . , . , . . . . . . _. ._ . .. . . I I I PE6CRItTION OF OPE~TlONS/L~TlONS~HlC~S/SP€ClAL ITEMS RE: RSM2 #0502 CURE, GUTTER, & SIDEWALK REPLACEMENT PROJECT #STSO5001 CERTIFICATE HOLDER, ITS OFFICIALS. EMPLOYEES & VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED HEAUNDER AS RESPECTS LIABILITY ARISING OUT OF CITY OF CARLSBAD 1636 FARADAY AVENUE CARLSBAD, CA 92008 SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DhTE THEREOF, THE ISSUINO COMPANY WILL- MAIL DAV6 WWEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 30 - h AIJENTB on 03/08/2005 15:40 FAX 6196991372 DRIVER ALLIANT . .t : *)J Policy 5GEW79259 .RSM2 COEPTR;ACTOBS, INC. THIS ENDORSEMENT CHANQES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - (FORM 6) This endorsement modifies insurance prqvlded under the fdlowlng: COMMERCIAL QENERAL, LIABILITY COVERAGE PART. RE; RSM2 #OS02 Curb, Gutter, 6 Sidewalk Replacement, Prijecr #STSO5001 AS REQUIRED BY CONTRACT. PROVIDED THE CONTRACT IS EXECUTED PRIOR TO LOSS 'It no.entry..,appears above, informatianrequiced to complete this endorsement will be shown In the Declarations as appllcable to this endorsement.) WHO IS AN INSURED (Section 11) Is amended to include as an insured the person or organization shown in the Schedule, bul only with respect to liability arlslng out of "your work' lor that Insured by or far you. - CQ 20 10 11 65 Copyright, Insurance Semlces Offi, Inc,, 1984 Page 1 of 1 03/08/2005 15:40 FAX 6196991372 DRIVER ALLIANT ,- CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 FUN CO M EN 6ATI 0 N INISURANC~ CERTIFICATE OF WORKERS' COMPENSATION INSURANCE @ 003/003 ISSW DATE: 03-08-2005 GROUP POLICY NUMBER: 1733971-2004 CERTIFICATE EXPl RES; 06-01-20 0 5 CERTIFICATE ID! 50 oe-oi-2004/oe-oi-200s c1m OF CARLSmD 1635 FARADAY Am CARLSBAD CA 92006 This is to mdlQ that we have issued a valid VVorkefs Compensation insurance pollcy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This pollcy is not subject to cancellatfon by the Fund except upon 30 days advance written notice to the employer. We wlll alao ghre you 30 days advance notlce,6hould this policy be cancelled prior to its normsl explratlon. This certMcete of insurance is not an lnsumnce poli policy listed herein. Notwtthnending any requiremex term or condition of any contract or other document with respect to which %is,cartificate of insurance may be issued or to whlch It may pin, the insurance afforded by the policy described hereln IS subject to all the terms, exclusions, ahd conditions, of sllch policy. and does not amend, extend or alterthe coverage affarded by the U AUTHORIZED REPRESENTAW€ WIPLOYER'S LIABILITY LXMIT INCLUDING DEFENSE COgTS: $l,OOO,OOO PER OCCURRENCE. ENDORBEMEN" $1600 - MONTE DUANE =!t"l'BW, 'PRESIDENT - EXCLWBP. E#DORSm 111600 - ROBERT CURISTOPEER S-L, TREASURER - EXCLtlDBD, m0RBEbl)SNT R2065 ENTITLED CERTXFICATB HOLDERS' NOTICE XFFECTIYB 08-01-2004 IS ATTACHBD TO AND FORHB A PART 08 TI16 POLICY. RsM2 CONTRACTORS, INC 0265 CDl&IE.RCIAL 3T STE 9 LA adBSA CA 91942 SClF 1-E PRWTEh ~ZOa5 PAGE 1 OF1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? no 2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred - - agency agency v period of debarment period of debarment c I By: I/ I (print name/title) ' ' a Revised 10/08/03 Page of pages of this Re Debarment form Contract No. STS05001 Page 21 of 72 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal)’ CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826. Have you ever had your contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? Yes Has the suspension or revocation of your contractors license ever been stayed? Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of th ork ever been stayed? x Yes no If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page of pages of this Disclosure of Discipline form a Revised 10/08/03 Contract No. STSO5001 Page 22 of 72 Pages - L BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STSO5001 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's' discipline was stayed, the date of the violation that the describe the nature of the violation and the condition (if any) was stayed. / (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Page of pages of this Disclosure of Discipline form e Revised 10/08/03 Contract No. STS05001 Page 23 of 72 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED PUBLIC CONTRACT CODE SECTION 7106 BY BIDDER AND SUBMITTED WITH BID CURB, GUTTER, AND SIDEWALK REPLACEMEN; CONTRACT NO. STS05001 State of California 1 County of ) ss. , being first duly sworn, deposes and says that he or she is (Title) (Name of Firm) of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penal executed on the day of perjury that the fo is true and correct Subscribed and sworn to before me on the [ 0- dayof b-bq ,20 05. a Revised 10/08/03 Signature of Notary Contract No. STS05001 Page 24 of 72 Pages CONTRACT PUBLIC WORKS This agreement is made this /SF day of 120d bv and between the Citv of Carlsbad, California, a muni ion, (hereinafter called "CW'), ahd RSM2 whose principal place of business is 8265 COMMERCIAL STREET #9, LA MESA, CA 91942 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. for: Description of Work. Contractor shall perform all work specified in the Contract documents CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STSO5001 (hereinafter called "project") 2. equipment, and personnel to perform the work specified by the Contract Documents. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. r Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1998 Edition, and the 1998 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Public Works Supervisor will close the estimate of work completed for progress payments on the last working day of each month. e- tp Revised 10/08/03 Contract No. STS05001 Page 25 of 72 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. - In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 11 01 -1 525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. @ Revised 10/08/03 Contract No. STS05001 Page 26 of 72 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. .- Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91 -403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: - a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a Revised 10/08/03 Contract No. STS05001 Page 27 of 72 Pages a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. rc b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. to the City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. - (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91 -403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. c- Revised 1,0/08/03 Contract No. STSO5001 Page 28 of 72 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. - (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. I (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by anather jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. M init C@ init 12. Maintenance of Records. Contractor shall maintain and ke'available at no cost to the City, upon request, records in accordance with sections 1776 and r$ 1 12 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. - Revised 10/08/03 Contract No. STS05001 Page 29 of 72 Pages 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED (CORPORATE SEAL) CONTRACTOR: (sign here) (print name and the) MW~A \Sdvkd, President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Revised 10/08/03 Contract No. STS05001 Page 30 of 72 Pages CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT } SS. State of California I Printed Name of Notary Pubiic a ; ws I before me, hA. E Date personally appeared MO b%kH wd-tka/\ ah d\ wmics s4 h4 I Printed Name(s) of Signer(s) personally known to me -or - proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) to be the person($ whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) Signature of Notary Public OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: 0 Individual($ 0 Attorney-in-Fact 0 Corporate Officer(s) Titie(s) 0 Guardian/Conservator 0 Partner - Limited/General 0 Trustee($ 0 Other: representing: Narnels) of Personls) or Entity(ies) Signer is Representing 0 Additional Signer(s) 0 Signer(s)Thurnbprint(s) 0 Other C Copyright 2004 Notary Rotary, lnc 925 29th St, Des Moines. IA 50312-3612 Form 4CK02 02/04. To re-order, call toll~free 1-877~349-6588 or visit us on the Internet at http//www.thenotaryshopcom Bond #I 04468401 Premium is included in Performance Bond ,- LABOR AND MATERIALS BOND RSM2 Contractors, WHEREAS, the City of Carlsbad, State of California, has awarded to Inc. (hereinafter designated as the "Principal"), a Contract br: CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STSO~OOI .in the City of Carisbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, provicling that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond Will pay the same to the extent herelnafier set brth. NOW, THEREFORE, WE, RSM2 Contractors, Inc. , as Principal, (hereinafter designated as the "Contractor"), and as Surety, are held flrmfy bound unto the City of Carlsbad in the sum of NINETY 0 NE ~~~~ THOUSAND ~ EIGHT HUNDRED SEVENTY FIVE Dollars ($91.875), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hislher subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any klnd, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case sult Is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent 4th California Clvll Code sectlon 3248. Travelers Casualtv and Surety Company of America - This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the speclflcatlons. - e Revised 10108/03 Contract No. STSO5001 Page 31 of 72 Peges In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR thls 15th day of March r 2OA. CONTRACTOR: , (print name here) Executed by SUARY this 15th day of March 1 20qli. SURW: Travelers Casualty and Surety Company of Amei San Dieao, CA 92123 9325 Sky Park L-* ourt, ofsu Suite ”?? 2 0 (address of Surety) Penny E. Kelley, Attorney-in-Fact ( 1 - (printed name of Attorney-in-Fact) c. QhUid (attach corporate resolution showing current power (print name here) of attorney) m, WM/L (thle and organization of signatory) I (Proper notarial acknowledgment’of execution by CONTRACTOR and SURETV must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If onty me officer signs, the corporation must attach a resolution certiied by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL *i ca Contract No. STSO5001 Page 32 of 72 Pages CALlFORNlA ALL-PURPOSE ACKNOWLEDGMENT } SS. State of California Countyof - Sm DIEm ftl personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(@ whose name&) ism subscribed to the within instrument and acknowledged to me that ,@/sheBE@ executed the same in X&/herZ#W authorized capacity(ies), and that by X&/herE'EXX signature&) on the instrument the person(@, or the entity upon behalf of which the person(Ji) acted, executed the instrument. 0 PTlO NA L Though the information beiow is not required by law, fl may prove valuable to persons rewing on the document and could prevent fraudulent removal and reattachment of thls form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Slgner's Name: 0 lndivldual 0 Corporate Officer - TiHe(s): 0 Partner - 0 Llrnlted 0 General 0 Attorney-In-Fact 0 Trustee 0 Guardian or Conservator 0 Other: ; Signer Is Representing: u Pmd NO 5907 Reorder Call Toll-Free 1-800-876-8827 0 1999 National Nolay Assoclatlon * 9350 De Soto Ave , PO Box 2402 9 Chatsworth, GA 81313-2402 * w nallonalnotay org TRAvELERsCAsuALTyANDsuRETYCOMPAmOFAMlzRICA TRAmL&RscASUALTYANDsoRETYcoMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAWLERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of C~nnecticut, and having their principal offices in the City of Hartford, County of IEartford, State of connecticUt, (hereinaf€er the "Cornjmn.ies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Patemn, Leticia San Martin, Lawrence F. McMahon, Jama Baldassare, Jr., Penny E. Kelley, of San Diego, California, their true and lawfid Attomey(s)-in-Fact, with full power and authority hereby cod& to sign, execute and acknowledge, at any place within the United States, the following instrument@): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authoxized of6cen of the Companies, and all the acts of said Attorney@)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED. That the chairman, the President, any Vice Cbainnas any Executive Vice President, any Senior Vice President, any Vice Resident, any Second Vice President, the Treasurer, any Assistant Treasum, the Corporate Secretary or any Assistent Secretmy may appoint AttOrneysh-Fact and Agents to act for and onbehalfof the company andmay give such appointee such authority as his or her certificate of authority may prescribe to Sign with the Company's name and seal with the Company's seal bonds, recognizances, mtmcts of indemnity, and other writings obligatw in the nature of a bond, reco-ce, or conditional underkhg, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the Mdent, any Vice Chairman, any Executive Vice President, any Senior Vice president or any Vice president -ay delegate all or any part of the foregoing authority to me or more officers or employees of this Company, provided that each such delegation is VOTED: That any bond, mgnhance, contract of indemnity, or writing obligatory in the nature of a bond, recogniumce, or conditional uadertaking shall be valid and binding upon the compa4y when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice F'resident, any Second Vice President, the Treamer, any Assistant Treasurer, the Corporate secretary or any Asshtant secretary and duly attested and sealed with the Company's seal by a Secretmy or Assistant secretary, or (b) duly executed (under seal, if requked) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. writing and a copy thereof is filed m the office of the secretary. Thiil Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAWLERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, whicb Resolution is now in M force and effect. VOTED. That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice president, any SecreWy, any Assistant secretary, and the seal of the Company may be afked by facsimile to any power of attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bvnds and undexhk&p and other writings obligatoIy in the nature thereof, and any such per of attorney or certilhte bearing such facsimile signature or facsimile seal shall be valid and binding uponthe Company and any such power 90 executed and certified by such fixsimile signature and facsimile seal shall be valid and binding upon the Company in the fiture with respect to any bond or undertaking to which it is attached. (05-04) unlimitsd IN WITNESS WECEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELEW CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrUme nttobe signed by their Senior Vice President and their corporate seals to be hereto af6xed this 17th day of August, 2004. - STATE! OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD TRAVELERSCASUALTYANDSURETYCOMPANYOFAMERICA TRAVRLERSCASUALTYANDSURETY COMPANY FARMINGTON CASUALTY COMPANY BY **--- George W. Thompson Senior Vice President On this 17th day of August, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that Wshe is Senior Vke President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the abave instnunent, * that he/& knows the seals of said corporations; that the seals -to the said instrument are such corporate seals; and that Wshe executed the said instrument onbehalfofthe mporationsby authority of hidher office under the Standing Resolutions thed. CERTIFICATE My commission expires June 30, 2006 Notary Public Marie C. Tetreault I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVJZLERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of COnnecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and certificate of Authority remains in full force and has not been revow and finthemore, that the Standing Resolutions of the Boards of Directors, as set forth in the certificate of Authority, are now in force. Signed and Sealed at the Home office ofthe Company, in the City ofHart€ord, State of COMecticut. Dated this 15th day of March ,20 05 BY Peter Schwartz Senior Vice President IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Temrisrn Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of cawred losses caused by certain acts of international temrism. v\le are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your pmmiurn. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further pmvides that the federal government will pay a share of such lasses. Specifically, the federal government will pay 90 percent of the amount of covered losses caused by certain acts of temrism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorismrelated losses for which the federal gowmment or an insurer can be responsible at $100 billion, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the temrism caverage mquimd by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your ommll premium, and is no more ihan one percent of your premium. , ILT-1018 (9/04) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT } SS. State of California County of Sk Diem Printed Name of rotary Public On Mr* 33 t.2.00s I before me, I Date personally appeared Ma?* TVIAi-kh on6t %+sahwL( I Printed Namelsl of Signeris) aersonally known to me - or - n proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal) The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority idare as: - - Individual(s) a Attorney-in-Fact 0 Corporate Officer(s) Titlels) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Guardian/Conservator Partner - Limited/General 0 Trustee($ 0 Other: representing: Narne(8) of Person(s) or Entity(ies) Signer is Representing Signature of Notary Public 1 Additional Signer(s1 3 Other 0 Signer(s) Thurnbprint(s) C, Copyright 2004 Notary Rotary, Inc 925 29th St, Des Moines, IA 5031 2-361 2 Form ACK02 02/04 To re-order, call toll-free 1477-349-6588 or visit us on the Internet at http//www thenotaryshop corn Bond #I 04468401 Premium: $2297 .OO Premium is for contract term and is subject to adjustment based on final contract price. --- FAITHFUL PERFORMANCEWARRANTY BOND RSM2 Contractors, WHEREAS, the City of Carlsbad, State of California, has awarded to &. designated as the 'Principal"), a Contract fx -, {hereinafter CURB, GUlTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STSO5001 in the City of Carlsbad. In strict conformity with the contract, the drawings and speclflcatlons, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, RSM2 Contractors, Inc. , as Principal, (hereinafter designated as the "Contractor"), and Travelers Casualty and Surety Company of , as Surety, are held and firmly bound unto the Cityof Carlsbad, in the sum of NINETY ONE THOUSAND EIGHT HUNDRED SEVENTY FIVE Dollars ($91.815). said sum being equal to one hundred percent (1 00%) of the estimated amount of the Contract, to be paid to City or its certain attorney, Its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors of assigns, jointly and severally, Rrmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or asslgns, shall In all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, induding reasonable attorne)/s fees, incurred by the City in successfully enforang such obligation, all to be taxed as costs and included In any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addltlon to the terms of the contract or to the work or to the specifications. America - Contract No. STSO5001 Page 33 of 72 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractar shall not exonerate the Surety from its obligaliona under this bond. rc Executed by CONTRACTOR this 15t h Executed by SURETY this 15th day of day of March , 20x. March ,20& CONTRACTOR: SURETY: RSM2 Contractors, Inc. BY (print name here) PYeSiht-. R sw2- CTie and Otganizatiin of Signatory) sign here) n - Mb-er4-C. Qund (prlnt name here) I Travelers Casualty and Surety Company of America (name of Surety) 9325 Sky Park Court, Suite 220 San Diego, CA 92123 (address of Surety) -phone number of Surety) 858-61 6-6252 ye By: 'i ' (signature of Pitfbrney-in-Fact) . Penny E. Kelley, Attorney-in-Fact (printed'name of Attorney-in-Fact) (Attach corporate resolution showing cumnt power of attorney.) FitIe ah organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must bb attached.) (President or vice-president and secretary or assistant secretary must Sign for cotporations. if only one officer signs, the corporation must attach a resolution cettified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: City Attorney RONALD R. BALL By: - Deph City Attorngy \ contract No. STSO5001 Page 34 of 72 Pages CALIFORNIA ALL-PU RPOSE CERTIFICATE OF ACKNOWLEDGMENT } ss. State of California County of I Printed Name of Notary Public On c\ha~ - 23;*O5 , before me, Date personally appeared bh e y\fl &mO, ad LA-4- I Printed Narne(s) of Signeris) &personally known to me -or - u proved to me on the basis of satisfactory evidence: 0 form($ of identification 0 credible witness(es) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature($ on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Sea/) Signature of Notary Public OPTlONA L INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority Ware as: 0 Individual(s) 0 Attorney-in-Fact 0 Corporate Oficer(s) Title(s) 0 Guardian/Conservator 0 Partner - Limited/General 0 Trustee($ 0 Other: representing: Nameis) of PersoNs) or Entityiies) Signer IS Representing I 0 Additional Signer(s) 0 Signer(s) Thumbprint($ 0 Copyright 2004 Notary Rotdry, lnc 921 29th St, Des Moines, I4 10312-3612 Form ACKOZ 02/04 To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http //wwwthenotaryshop corn c CALIFORNIA ALL-PURPOSB AOKNOWLEDQMENT State of California 1 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(@ whose name@) ism subscribed to the within instrument and acknowledged to me that #&shm executed the same in X&/her- authorized capacity(ies), and that by IEWherEt%lGX slgnature&) on the instrument the person(@, or the entity upon behalf of which the person@) acted, executed the instrument. 0 PTiONA L Though the hfomtion below is not required by law, it may prove valuable to persons rewng on the document and could pmvent fraudulent removal and twatfadunent of thls fom to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer($) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: D Individual Corporate mcer - nne(s): . 0 Partner - 0 Limited 0 General 0 Attorney-In-Fact 0 Trustee 0 Guardlan or Conservator 0 Other. : Signer is Representing: u 0 *@e9 Nallonsl Notary AssdrHon 99M) De tloto Avo., P.O. Box 2402 Chatsworth, CA 81313-2402 www.nethalnotary,otg Pmd. No. 6907 Reorder: Cnll ToMre.9 14Oog70a8e7 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATK’ORNEY AND CERTJFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporationS duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartfod, State of Connecticut, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack T. Warnock, Bart B. Stewart, Valerie M. Pearce, Christine A. Patemn, Letitia San Martin, Lawrence F. McMahon, James Baldassare, Jr., Penny E. KeUey, of San Diego, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument@): by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other w-ritings obligatory in the nature of a bond, recognizanCe, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officen of the Companies, and all the acts of said Attomq(s)-in-Fact, pursuant to the authority herein given, This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and etkct: VOTED: That the chairman, the President, any Vice chairman, any Executive Vice President, any Senior Vice President, any Vice Resident, any Second Vice President, the Treasum, any Assistant Treasurer, the Corporate secretary or any Assistant Secretary may appoint Attomeysin-Fact andAgent.9 to act for and on behalfof the company and may give such appointee such authority as his or her certificate ofauthoritymay prescribe to sign with the Company’s name and seal with the Company’s seal bonds, recognizanceS, contracts of indemnity, and other Writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnsn, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President .”?BY delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is VOTED: That any bond, recognizanCe, oontract of indemnity, or dting obligatory in the nature of a bond, recogpizanCe, or conditional nedertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice chairman, any Executive Vice F’resident, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistent seaetary and duly attestedand sealed with the Company’s seal by a Secretary or Assistant secretary, or@)dulyexecuted(underseal, if required) by one or more Attompin-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Ceflicate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELEM CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Remlution is now in full force and &e& hereby ratified and confirmed. writing andacopythereof is filed in the &ce of the secretary. VOTED: That the signature of each of the following officers: Wdent, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice F’resident, any Secretary, any Assistant secretary, and the seal of the Company may be afked by facsimile to any power of attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or AttomeyS-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereoc and any such power of attorney ordcate bearing such facsimile signature or facsimile seal shall be valid and brndinguponthe Company and any such power so executed and dai by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or unddaking to which it is attached. L (05-04) Unltnited IN WITNESS WHIEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instnUnent to be signed by their Senior Vice President and their COIporate seals to be hereto &ed this 17th day of August, 2004. - STATE OF CONNECTICUT )SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTYANDSURETYCOMPANY OFAMERICA TRAVE~CASUALTYANDSURETY COMPANY FARMINGTON CASUALTY COMPANY BY George W. Thompson Senior Vice President On this 17th day of August, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/& is Senior Vice Presideat of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS WUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, ?he mporations described in and which execnted the above hmment, * that Wshe knows the seals of said corporationq that the seals affixedtothesaidinstnune nt are such corporate seals; and that Wshe executed the said instrument on behalf ofthe corporations by authority of hidher office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporarions of the State of connecticUt, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and CmtScate of Authority remains in full force and has not been revow and Memo=, that the Standing Resolutions of the Boards of Directors, as set forth in the certificate of Authority, are now in force. Signedand Sealed at the Home Offke ofthe Company, in the City ofHartford, State of Connecticut. Dated this 15th day of March ,20 05 Peter Schwarh Senior Vice President IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On Nov. 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the federal government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key featums of the Act, and to kt you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage far certain losses caused by international acts of temrism as defined in the Act. The Act further pmvides that the federal government will pay a share of such losses. Specifically, the federal government will pay 90 pement of the amount of covered losses caused by certain acts of terrorism, which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the federal government or an insurer can be responsible at $100 billion, provided that the insumr has met its deductibie. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Flease also note that no separate additional premium charge has been made for the temrism caverage requilled by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your owlall pemium, and is no more itan one pemnt of your premium. ILT-1018 (9M) OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called 'City" and whose address is he rein aft e r called "Contractor" and whose address is he rei nafte r called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for: CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 - in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. /" Revised 10/08/03 Contract No. STS05001 Page 35 of 72 Pages 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. - 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name Signature Address Title Name Signature Address Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. F Revised 10/08/03 Contract No. STS05001 Page 36 of 72 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Title MAYOR Name Signature Address Title Name Signature Address Title Name Signature Address '3 Revised 10/08/03 Contract No. STSO5001 Page 37 of 72 Pages SUPPLEMENTAL PROVISIONS FOR CURB, GUTTER, AND SIDEWALK REPLACEMENT CONTRACT NO. STS05001 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS . r SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Street Maintenance Supervisor 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 Street Maintenance Supervisor," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Street Maintenance Supervisor", 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 Street Maintenance Supervisor is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. a Revised 10/08/03 Contract No. STSO5001 Page 38 of 72 Pages City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Public Works Director - The Street Maintenance Supervisor’s immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner OperatodLessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Director - the Public Works Director of the City of Carlsbad or hisher approved representative. The Public Works Director is the second level of appeal for informal dispute resolution. Street Maintenance Supervisor - the Street Maintenance Supervisor or designated representative for inspection, contract administration and first level for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ........................................ Apartment and Apartments Bldg ........................................ Building band Buildings CMWD .................................... Carlsbad Municipal Water District CSSD ..................................... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm ..................................... Commercial DR .......................................... Dimension Ratio E ............................................. Electric G ............................................. Gas gal ........................................... Gallon and Gallons Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible gpm ........................................g allons per minute IE ............................................ Invert Elevation LCW D ..................................... Leucadia County Water District MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) MTBM ..................................... Microtunneling Boring Machine Revised 10/08/03 Contract No. STSO5001 Page 39 of 72 Pages NCTD ..................................... North County Transit District OHE ........................................ Overhead Electric OMWD ............................ : ...... Olivenhain Municipal Water District S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD SFM ........................................ Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............... i............................ Water, Wider or Width, as applicable VWD ....................................... Vallecitos Water District ROW ...................................... Rig ht-of-Way San Diego Regional Standard Drawing a ................................... SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (1 0) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,”. Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Street Maintenance Supervisor. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Revised 10/08/03 Contract No. STS05001 Page 40 of 72 Pages Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated "SSPW C", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist four drawings. The first drawing is designated as City of Carlsbad Drawing No. G-2 and consists of 1 sheet. The second drawing is designated as City of Carlsbad Drawing No. G-7 and consists of 1 sheet, The third drawing is as City of Carlsbad Drawing No. G-12 and consists of 1 sheet. The fourth drawing is designated as City of Carlsbad Drawing No G-14 and consists of one sheet. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions.. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Street Maintenance Supervisor). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Street Maintenance Supervisor's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: . a Revised 10/08/03 Contract No. STS05001 Pane 41 of 72 Paaes "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." . BY: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, Which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Street Maintenance Supervisor within ten (1 0) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Street Maintenance Supervisor may request. - Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Street Maintenance Supervisor, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Street Maintenance Supervisor shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Street Maintenance Supervisor may deem necessary, upon reasonable advance notice, Contractor shall make available to the Street Maintenance Supervisor for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Street Maintenance Supervisor to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised 10/08/03 Contract No. STSO5001 Page 42 of 72 Pages SECTION 3 -- CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates’’ published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for‘delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 Work by Contractor. The following percentages shall be added to the Contractor‘s costs and To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Public Works Supervisor, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Street Maintenance Supervisor due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Street Maintenance Supervisor upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. Revised 10/08/03 Contract No. STS05001 Paae 43 of 73 Panes The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. Verbal notifications are disallowed. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Street Maintenance Supervisor within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Street Maintenance Supervisor at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 0 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Street Maintenance Supervisor 2. Public Works Director 3. City Manager The Contractor shall submit a complete report within 20 working days after completion of the‘ disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. 0 Revised 10/08/03 Contract No. STS05001 Page 44 of 72 Pages The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l ) This article applies.to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1 , 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and a Revised 10/08/03 Contract No. STS05001 Page 45 of 72 Paaes confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time’requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 11 41.1 0) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or 0 arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. a Revised 10/08/03 Contract No. STS05001 Page 46 of 72 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Street Maintenance Supervisor free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Street Maintenance Supervisor with such information as may be necessary to keep the Street Maintenance Supervisor fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Street Maintenance Supervisor, the source of supply of each of the materials shall be approved by the Street Maintenance Supervisor before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Street Maintenance Supervisor and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Street Maintenance Supervisor. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Street Maintenance Supervisor, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to e Revised 10/08/03 Contract No. STS05001 Paae 47 of 72 Paaes or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Street Maintenance Supervisor a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Street Maintenance Supervisor shall have the right to verify the suitability of materials and their proper storage at any time during the Work. 0 SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Street Maintenance Supervisor's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Street Maintenance Supervisor the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Street Maintenance Supervisor. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". a Revised 10/08/03 Contract No. STS05001 Page 48 of 72 Pages Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Street Maintenance Supervisor will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Construction Schedule to the Public Works Supervisor at the Pre-Construction Meeting and upon issuance of the Notice to Proceed. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications, including the following: MATERIAL REMOVAL AND DISPOSAL A. B. C. D. E. F. G. All pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. All sawcutting for monolithic concrete to be included in the bid price. No additional payments will be made therefore. The extent of the pavement removals will be marked in the field by the Project Inspector. All removals shall become the responsibility of the Contractor and shall be disposed of at a legal recycling site. Removal, cutting and clearing of all tree stumps and roots shall be the responsibility of the Contractor. Payment for the concrete removals including asphalt removals necessary to form new gutters and all material disposal shall be considered included in the unit price bid for this item. No additional compensation will be made therefore. The basis measurement shall be made on the horizontal sidewalk, curb and gutter areas. The removal of asphalt concrete in the roadway necessary to form gutters will not be considered in the payment of the pavement removal item. Appropriate measures will be taken by the Contractor to ensure that work zones are as safe as possible to both vehicular and pedestrian traffic. Work will be scheduled so that the time that the work area remains open is as minimal as possible. All work areas will be poured back prior to the weekend. a Revised 10/08/03 Contract No. STSO5001 Paae 49 of 72 Paaes CONSTRUCTION 1 .) Curb, Gutter and Sidewalk: A. The construction of concrete sidewalk and curb and gutter shall conform to the requirements of Section 303-5 and 201-1 of the SSPWC and these special provisions. Six sack mix shall be used for all concrete per the City of Carlsbad Standards. The repair of the driveway aprons shall be included under the driveway bid item. B. San Diego Regional Standard Drawing G-14.1 shall be modified by the substitution of the following: "5-1/2" thickness in place of the 4" thickness for residential driveway and 7-1/2" thickness in place of the 6" thickness for commercial driveway. Driveway aprons will be the same thickness as driveways." C. Curbs and gutters, sidewalks and driveway aprons shall be replaced in kind with the existing surrounding improvements and according to the San Diego Regional Standards Number G-2, G-7-1 and G-14-1. Payment for the concrete curb and gutters and sidewalks shall be considered included in the unit price bid for these items. Existing handicap ramps shall be replaced by the Contractor and should be included in the bid. No additional compensations will be made therefore. Base material under sidewalks, curbs, gutters and driveway approaches shall be compacted prior to the new installation. Asphalt repairs at curb and gutter, and crossgutter locations will be done by the City of Carlsbad, Street Maintenance Division. D. E. F. 2.) Root Barriers: A. Where required, the Contractor shall be responsible for the installation of root barriers provided by the City at specified locations. Installation will be in accordance with the manufacturer's specifications, provided by the City, and the Utilities and Maintenance Director. CLEAN-UP A. B. Clean-up and dust control shall conform to the requirements of Section 7-8.1 of the SSPWC and to the Special Provisions section of the Contract Documents. Compensation for site clean-up and dust control shall be considered included in the unit bid prices for the various items of work. No additional payment will be made therefor. MISCELLANEOUS A. The contractor shall be responsible for setting all meter boxes. Bid amount shall include contractor's labor costs. Meter boxes will be provided by the City. Contractor shall install meter boxes per City of Carlsbad standards using six sack mix concrete. Revised 10/08/03 Contract No. STS05001 Page 50 of 72 Pages 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Street Maintenance Supervisor, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Street Maintenance Supervisor if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Street Maintenance Supervisor may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 60 working days after the starting date specified in the Notice to Proceed. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Street Maintenance Supervisor will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Street Maintenance Supervisor is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Street Maintenance Supervisor’s judgment, the Work has been completed and is ready for acceptance the Street Maintenance Supervisor will so certify to the Board. Upon such certification by the Street Maintenance Supervisor the Board may accept the completed Work. Upon the Board’s acceptance of the Work the Street Maintenance Supervisor will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (I) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $250.00. Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. Revised 10/08/03, Contract No. STS05001 Page 51 of 72 Pages SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. a Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain from the agency, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project for transportation by the Contractor to an approved recycling facility. The cost of said permit@) shall be included in the unit price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a timeextension if, in the opinion of the Street Maintenance Supervisor, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Street Maintenance Supervisor may require increased levels of cleanup and dust control that, in hidher sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction , plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. Revised 10/08/03 Contract No. STS05001 Page 52 of 72 Pages 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQI NPDES General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity.” Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Street Maintenance Supervisor may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 21 0-1 6for materials and section 31 0-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1 , Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper Revised 10/08/03 Contract No. STSO5001 Page 53 of 72 Pages in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Street Maintenance Supervisor. a Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than (insert minimum acceptable lateral safety buffer distance, e.g. 1.8 m @I)), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the than (insert minimum acceptable shy distance, e.g. 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Street Maintenance Supervisor has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Street Maintenance Supervisor or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Street Maintenance Supervisor may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of (insert appropriate number of lanes) paved traffic lanes, not less than (insert appropriate minimum lane widths, eg.3.6m (12')) wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. 0 When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Street Maintenance Supervisor, within the limits of the right-of-way. Add the following section: 7-1 0.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under "Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Street Maintenance Supervisor. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Street Maintenance Supervisor and has received the Street Maintenance Supervisor's written approval of said plan. Add the following section: 7-1 0.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if Contractor elects to modify TCP included in the project plans, Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that Revised 10/08/03 Contract No. STS05001 Page 54 of 72 Pages are not included in the project plans. Contractor must submit the TCP for the Street Maintenance Supervisor's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Street Maintenance Supervisor's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Street Maintenance Supervisor's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Street Maintenance Supervisor and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Street Maintenance Supervisor shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Street Maintenance Supervisor may approve any such modifications, supplements, and/or new designs to the TCP when, in the Street Maintenance Supervisor's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Street Maintenance Supervisor. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers witbbituminous -- adhesiverremoving; storing; - maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Street Maintenance Supervisor. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. Revised 10/08/03 Contract No. STSO5001 Page 55 of 72 Pages 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 0 SECTION 9 -- MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the US. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Street Maintenance Supervisor will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9- 2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Street Maintenance Supervisor shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Street Maintenance Supervisor with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Street Maintenance Supervisor shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Street Maintenance Supervisor determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Street Maintenance Supervisor, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Street Maintenance Supervisor will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Street Maintenance Supervisor and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. @ Revised 1OlO8lO3 Contract No. STS05001 Page 56 of 72 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Street Maintenance Supervisor will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Street Maintenance Supervisor will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Street Maintenance Supervisor to ascertain the basis and amount of said disputed items. The Street Maintenance Supervisor will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Street Maintenance Supervisor to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Street Maintenance Supervisor to ascertain the basis and amount of said claims. The Street Maintenance Supervisor will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Street Maintenance Supervisor to determine the facts or Contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Street Maintenance Supervisor. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. e Revised 10/08/03 Contract No. STS05001 Page 57 of 72 Pages K I 1 Ir 0 z I - I- - r c3 a 0 L l- 0 w K I c 0 6 0 z T e lc C n (c + a C 0 cl E C IC: C K I- K c U C E c s APPENDIX “B” RESIDENT NOTIFICATION EXAMPLE I mar resident: As a part of the City of Carisbad‘s ongoing program to maintain its infra- structure, sidewalks on your street will be removed and replaced. This construction will require the closing access to your driveway for one day. Your stmet, from XM St. to XYZAve. will be affected on: from 7:OOA.M. to 5:OO P.M. Jf you don’t plan to leave your home by 7:M) A.M. on the abwe date please park ywr car on the street so that you will not need to cross the sidewalk. Streets scheduled for resurfacing can be determined by calling ekher the Contractor or the Cii of Carlsbad Street Malntenance Depart- ment. When walking to and fmm your car, remember not to walk on the newly poured sidewalk. Please do not drive, walk on, walk pets, play, of skate on the nedy poured concrete. Also, please refrain fmm watering your lawns, washing cars, etc.. approximately 6-8 hwrs after the con- crete is poured as running water will cause damage to the new surface. ABC is the Contractor that will be performing the resurfacing work for the city and you may call them at (76U)XXX-XXX if you have any questions regarding the project. Resur- facing of your street wHI not occur on the day your trash Is collected Mat delivery may be delayed if the postman cannot reach the mailbox thal day. If you have a moving company scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the Contractor, you may call the City‘s Streel Maintenance Depaitment at (760) 434-2960. Thank you for your cooperation as we work to make a better City of Carlsbad. MON. TUE. WED. MU. FRI. DATE: a Revised 10/08/03 CITY OF CARLSBAD ROAD WORK - ABC CONTRACTORS OFFICE # (760)XXXXXXX Contract No. STS05001 Page 63 of 72 Pages . with 6" Curb FOCQ NOTES 1. Concrete shall bo 520-C3250 2. See Stondard Orowin G-10 for joint detoils. 5. Slope lop of curb 174- per foot toword street. I I' LEGEND ON PLANS R€amtNmmMWcDlEW ~WL E SAN OIEGO REGIONAL STANDARD DRAWING 12/75 7 DRAMNC c-9 CURB AND GUTTER - COMB' ID @ Revised 10108/03 Contract No. STS05001 Page 64 of 72 Pages 1/2' R > . N m$ ro @ Revised 10/08/03 Contract No. STS05001 Page 65 of 72 Pages COHnGU WS SIDEWALK - TYPICAL SECTIONS a Revised 10/08/03 Contract No. STS05001 Page 66 of 72 Pages lfl R b 3/8’ (Sidrrdk) WEIxENoDPUNExnNT CURB AND SIDEWALK @ Revised 10/08/03 Contract No. STSO5001 Page 67 of 72 Pages I SIDEWALK PIAN I lievisiar ORIGINAL I CURB PLAN I By'wd Oote RE-tmEa 111 M w aro SAN DIEGO REGIONAL STANDARD DRAWING Ecmu mmms CQUm Kerchevol12/75 CONCRETE CURE, GUTTER, SIDEWALK AND PAVEENT DRAWING ~-11 REMOVAL AND REPLACEMEN I NlJMRFR Cut SEc71oN Showhq Cut a Revised 10/0W03 Contract No. STSO5001 Page 68 of 72 Pages PUN .. Revised 10/08/03 Contract No. STS05001 Page 69 of 72 Pages R/W tevisii IAIGINK 1 -- lond $AN DlEGO REGIONAL ey CgP R Uunu 4/97 i I 00 Edge of Sidwok 5 1/2' R 5 1/2' c NOfES 1. No conqete shall be placed until forms ond tubgrodr ore inspected by the Agency. 2. Concrete rhal be 520-C-:3250 5. See Stondord Dmwinv 6-15 and G-16 for width ond locotion requirements 4. Odveway romp to uxtend to 10 feet from curb focc or to property line whichever Is 5. See Stondord Drawings C-2 and C-10 for curb and joint dctoila less. (for commarciol drivawoys only) Revised 10/08/03 Contract No. STS05001 Page 70 of 72 Pages I Edge of Sidewalk- m I. No concrete sholl be placed until forms ond subgmdr ore inspected by the 4cncy. 3. See Standard Drawhgr G-15 and C-16 for width ond locotion mquimments 4. Driioy mmp to extend to 10 feet from curb lace ar to proputy line whichever is 5. See Stondord Drawings C-2 ond G-10 for curb and joint detoih. 2. Cowate rho11 b SZO-C-3250 less. (For commercial drimwoyr only) (Non-contiguous Sidewalkr a Revised 10/08/03 Contract No. STS05001 Page 71 of 72 Pages Non-contiguous .Sidcwolk NOTES 1. No concrete shall be ploced until forms ond arbgmda ore inspected by the -cy. 2. Concrete rho11 be 520-C-3250 3. See Stondord Drowings G-15 and G-16 for width and locotion requ'mrnb 4. Orivewoy romp to extend to 10 feet from curb face or to property lime whichever is 5. See Stondord Orowingr C-2 and C-IO for curb ond joint ddoiis. lan (For commercial drivmoya only) Cgprd'Dote IK;INK R. MunoiI4/87 SAN OIEGO REGIONAL STANDARD DRAWING RESIDENTIAL CONCRETE DRIVEWAY (PARKWAY LESS THAN 10' IN R THI Revised 10/08/03 Contract No. STSO5001 Page 72 of 72 Pages