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Home My WebLink AboutSingle Eagle Inc DBA Concrete Contractors Intersta; 1999-07-23; 3626Q CITY OF CARLSBAD Sara Diego County California CONTRACT DOCUMENTS AND SPEC PROVISIONS FOR 0 GIBRALTER STREET EMERGENCY ACCESS ROAD RECONSTRUCTION CONTRACT NO. 3626 APRIL 1999 m QW sg 7/17/98 Contract No. 3626 Page 1 of 6, TABLE OF CONTENTS eltern - P NOTICE INVITING BIDS ........................................................................................................ CONTRACTORS PROPOSAL ............................................................................................... BID SECURITY FORM ........................................................................................................... BIDDERS BOND TO ACCOMPANY PROPOSAL .................................................................. GUIDELINES FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AMOUNl OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATORILESSOR 8 AMOUNT OF OWNER OPERATOWLESSOR WORK FORMS ....................................... DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID ......... DESIGNATION OF OWNER OPERATORILESSOR &AMOUNT OF OWNER OPERATOWLESSOR WORK ............................................................................................... 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 .................................................................. REPRESENTATION AND CERTIFICATION .......................................................................... ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) .............................................................. SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1 , GENERAL PROW SI ON S ............................................................ SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS ............. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WOR CONSTRUCTION PART 3, CONSTRUCTION METHODS .................................................... APPENDIX "A" - STANDARD DRAWINGS 0 ew p,s 7/17/98 Contract No. 3626 Page 2 of 6r K - CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbz Drive, Carlsbad, California 92008-1 989, until 4:OO P.M. on the 16th day of -e 1999, at which time they will be opened and read, for performing the work as follows: a GIBRALTER STREET EMERGENCY ACCESS ROAD RECONSTRUCTION CONTRACT NO. 3626 The work shail be performed in strict conformity with the specifications as approved by Council of the City of Carlsbad on file with the Engineering Department. The specificatior work include the Standard SPecifications for Public Works Construction, (1 997 Edition, and surmlement thereto), all hereinafter designated “SSPWC” as issued by the Southern ( Chapter of the American Public Works Association and as amended by the special p sections of this contract. Reference is hereby made to the specifications for full partici description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesse The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and cc to utilize recycled and recyclable materials when available, appropriate and approvec Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidd a contractor or subcontractor has been debarred by the City of Carlsbad or another juris the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Pi Department. Each bid must be accompanied by security in a form and amount required The bidder’s security of the second and third next lowest responsive bidders may be with the Contract has been fully executed. The security submitted by all other unsuccessful bidc be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. to the provisions of law (Public Contract Code section 10263), appropriate securities substituted for any obligation required by this notice or for any monies withheld by the City 1 performance under this Contract. section 10263 of the Public Contract Code requires n securities to be deposited with the City or a state or federally chartered bank in Californ escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omi the agent in connection with the handling of retentions under this section in an amount not $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed, executed and notarized are: 0 m em ts 7/17/98 Contract No. 3626 Page 3 of 6 1. Contractor's Proposal 2. Bidder's Bond 4. Designation of Subcontractors 5. Designation of Owner OperatodLessors & 6. Bidder's Statement of Financial 7. Bidder's Statement of Technical Ability All bids will be compared on the basis of the Engineer's Estimate. The estimated quanl approximate and serve solely as a basis for the comparison of bids. The Engineer's Esti $53,986. No bid shall be accepted from a contractor who is not licensed in accordance with the prov California state law. The contractor shall state their license number, expiration dl classification in the proposal, under penalty of perjury. The following classifications are ac for this contract: "A" in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documen of the usual 10% retention from each payment, these documents must be completed and SI with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Pu Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundab $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be i Any prospective bidder who is in doubt as to the intended meaning of any part of the dl specifications or other contract documents, or finds discrepancies in or omissions from the d and specifications may submit to the Engineer a written request for clarification or correctic response will be made only by a written addendum duly issued by the Engineer a coy of w be mailed or delivered to each person receiving a set of the contract documents. No additic modification of or interpretation of any provision in the contract documents will be given ol may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregi informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the ( shall be those as determined by the Director of Industrial Relations pursuant to the sectior 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a currt of applicable wage rates is on file in the Office of the City Engineer. The Contractor to wt Contract is awarded shall not pay less than the said specified prevailing rates of wage workers employed by him or her in the execution of the Contract. 8. Certificate of Insurance 9. Bidder' s Statement Re Debarment 0 3. Non-Collusion Affidavit 7 0.Bidder's Disclosure Of Discipline Recorf 1 1 .Purchasing Department Representatior Certification 12.Escrow Agreement for Security Deposit (optional, must be completed if the Bidd wishes to use the Escrow Agreement fo and Amount of Subcontractor Bid Amount of Owner Operator/Lessor Work Responsibility Security) and Experience @ e em ks 7/17/98 Contract No. 3626 Page 4 of 64 The Prime Contractor shall be responsible for insuring compliance with provisions of sectio of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Sublet Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized ofice purposes of section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shal the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as inc this proposal, times the unit price as submitted by the bidder. In case of a discrepancy words and figures, the words shall prevail. In case of an error in the extension of a unit F: corrected extension shall be calculated and the bids will be computed as indicated ab compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and written in with ink and must be initialed in ink by a person authorized to sign for the Contract Bidders are advised to verify the issuance of all addenda and receipt thereof one day bidding. Submission of bids without acknowledgment of addenda may be cause of rejection Bonds to secure faithful performance and warranty of the work and payment of laboi materials suppliers, in an amount equal to one hundred percent (100%) and fifty percen respectively, of the Contract price will be required for work on this project. These bonds kept in full force and effect during the course of this project, and shall extend in full force ai and be retained by the City until they are released as stated in the Special Provisions sectic contract. All bonds are to be placed with a surety insurance carrier admitted and authc transact the business of insurance in California and whose assets exceed their liabilitic amount equal to or in excess of the amount of the bond. The bonds are to contain the f documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the in commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual staten quarterly statement filed with the Department of Insurance pursuant to Article 10 (comment section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke: Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insui the State of California by the Insurance Commissioner. Auto policies offered to m specification of this contract must: (1) meet the conditions stated above for all insurance cor and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, * owned, non-owned or hired, and whether scheduled or non-scheduled. The auto in certificate must state the coverage is for "any auto" and cannot be limited in any manner. @ 0 e 4- r,s 7/17/98 Contract No. 3626 Page 5 of 64 I 1 D I I I m I m I I I I I 1 I I CITY OF CARLSBAD GtBRALTER STREET EMERGENCY ACCESS ROAD RECONSTRUCTION CONTRACT NO. 3626 CONTRACTOR'S PROPOSAL 6 City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares heishe has carefufly examined the location of the work, read 1 Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda the hereby proposes to furnish at[ labor, materials, equipment, transportation, and services 0 do ail the work to complete Contract No. 3626 in accorc'ance with the Plans, Specification Provisions and addenda thereto and that hejshe wilt take in full payment therefor the folic prices for each item complete, to wit: Approximate Itern Quantity Unit rn DescriDtion am Unit Price - T 4 3 I Mobilization and preparatory work at a LS q >.--I .") - lump sum amount not-to-exceed five ,? - thousand dollars c -3 - i JL'-h. TR?,UA,. I 4 Dollars (Lump Sum) - 2 Clearing I-- and grubbing at LS - I'?D"C,'] p /J ,? c I </ < 1 c/q Tb?*X<<.+ / Dollars (Lump Sum) ,- 22- 3 Sawcut AC 8, PCC pavement at 147 FF i - - /./.J., i' c" Doliars per Linear foot 4' wide 6" PCC gutter on 6" Class I1 42 -L Ly --- C{ E 4 380 SF AB. at 7' -7L' i<b<C \ &4-+ C-@J 5 Dollars per Square Foot 4" A.C. pavement on G'!pps II A.B. at Dollars per Square Foot 2-7 5 622 SF LILA*.- -t L, -t-r C-<& s ..i" -3L"A 0 G 7/17/98 Contract No. 3626 Page 7 of 6( f 1. 1 I 1 I 1 I ,/2& c- Ad M c'& IT '=.&e /' / I I I I 1 1 Approximate Item Quantity Unit - No. DescriDtion and Unit Price To 6 6" PCC on 4" Class II A.B. at 7,634 SF 4" c L/ %--* q 3 -3 &e c '. Dollars per Square Foot + t' - c e -= 5 a2 7 1 -1/2" A.C. pavement overlay at 5,560 SF j (i7 4 8 Adjust manhole to grade t 4,7 3 EA qQ9 '3LR L c k9i\e+-- i <,u\:~cvT (es-~! Dollars per Square Foot I?: - 7-,, & -17, ! i "L 21 /" & < -J' J.4 - Dollars Each 3 ic I>>? - 4 EA 1 Dollars Each /@ 3 10 Type E-1 Delineator at J 8 EA ;q(? - ,s Dollars Each - Q:~ i C-f m 11 TypeG-2curbat --- 9.5 LF '3 ,LJAJ- -f Dollars per Linear foot - I Total amount of bid in words: c 7: 1 y i! L.:7 1 $z3it5>c;L-,c: 1 B ?LA e. trrcc ce.bJe. .a&, e 1 <\,a -4 OPFN FR B - -- .\ it.+- Total amount if bid in numbers: $ (2 0. 1-7 (1 ' -- "-" - Price@) given above are firm for 90 days after date of bid opening. 6%%-97 " 1 --= dl -7 c> /- W ' Addendum(a) No(s). 9 hadhave been recW@& and is/are'inch%b' proposal. The Undersigned has carefully checked all of the above figures and understands that the C not be responsible for any error or omission on the part of the Undersigned in preparing this b The Undersigned agrees that in case of default in executing the required Contract with nea bonds and insurance policies within twenty (20) days from the date of award of Contract by tt Council of the City of Carlsbad, the City may administratively authorize award of the contract second or third lowest bidder and the bid security of the lowest bidder may be forfeited. *w f I tS 7/17/98 Contract No. 3626 Page 8 of 64 P I I I 1 I 1 I 1 The Undersigned bidder declares, under penalty of perjury, that the undersigned is kens business or act in the capacity of a contractor within the State of California, validly licensf license number 53s 3 -i 2- --- , classification A ,;a *d;> c-% W- which e) gT$q. 7d:2F2b - and that this statement is true and correct and has the legal an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuat Business and Professions Code shall be considered nonresponsive and shall be rejected by § 7028.15(e). In all contracts where federal funds are involved, no bid submitted : invalidated by the failure of the bidder to be licensed in accordance with California law. Hov the time the contract is awarded, the contractor shall be properly licensed. Public Contrac 5 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is PE interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder representation, oral or in writing, of the City Council, its officers, agents, or employees has i him/her to enter into this Contract, excepting only those contained in this form of Contract papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making i the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 4 YXdb4D (Cash, Certified Checl or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which require employer to be insured against liability for workers' compensation or to undertake self-insur accordance with the provisions of that code, and agrees to comply with such provisions commencing the performance of the work of this Contract and continue to comply until the c The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter I, Article 2, to the general prevailing rate of wages for each craft or type of worker needed to exec Contract and agrees to comply with its provisions. &-/6/ V A- cw&& !B II) I is complete, I I 1 I B 1 4- 1. "I %# 7/17/98 Contract No. 3626 Page 9 of 64 F I I 1 I I 1 1 I I I 1 I 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 City and State (4) Zip Code Telephone No. '. 1 (Street and Number) I 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 ms general partner) (3) Place of Business (Street and Number) m City and State (4) Zip Code Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted %4%L~ ~W+AG LA- L\h~ (kdL~--T~ IC L fl Lt I4 iQ-!LTL .?-%a /3;*r- TArG (2) tP VL (Signbture) Q.,A>EL '&,a -r,~@, c-; ..\cc- '7 t C.EhDW*-r- (Title) 1 Impress Corporate Seal hc ... ... ... ... ... *- I. I F;s 7117198 Contract No. 3626 Page 10 of 64 F M I I (5) Zip Code +tLOLq :, -' 5 <xi 3 I I 1 II m I I I I 1 I I (3) incorporated under the laws of the State of C~&JL.-~ '?t (4) Place of Business P City and State Y& i AV: cs '. Telephone No. L I-? ' 7 z NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU ATTACHED I List below names of president, vice president, secretary and assistant secretary, if a corporc partnership, list names of all general partners, and managing partners: (3 7 I+&%< c I 'i L,,J$f,q G 9 *Q-x -25 a \-+,&z= p k> .s>;- SELj&-iq)QL ,/ d^',!.! > I - j F&-bQER 4- I. I GC' 7/17/98 Contract No. 3626 Page 11 of 64 I ---. ...- # BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: as Surety are held and firmly bound unto the e (must be at least ten percent 10%) of the bid successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOiNG OBLIGATION IS SUCH that if the proposal c bounden Prtncipal for: That we, SINGLE EAGLE, INC. payment, well and truly ma 6 e. we bind ou I I I 1 1 I 1 GISRALTER STREET EMERGENCY ACCESS ROAD RECONSTRUCTION CONTRACT NO. 3626 in the City of Carlsbad, is accepted by the City Council, and if the f rincipal shall dul el execute a Contract indudin required bonds and insurance policies within twenty (2 cy ) d award, then this obligation shall become nuii and void; otherwise, it shall be and remair and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death shall not exonerate the Surety from its oblk~ations under this bond, Executed by PRINCIPAL this Executed by SURETY this 16th PPI N C I PAL: ti;arne nf Principaf w !b- date of award of Contract i y the City Council of the City of Carlsbad. being duly no dayof Jm + ,. June xcziz SURETY: (name P.0, o fgsou:"%563 INSURANCE COMPANY OF THE . SLHGLE EAGLE, INC- r\ - San Dieso, CA 92186-5563 BY: *-cP'. " {sign here) (address of Surety) b i Ra;ssel W. Baumqartner . mrrt name here} President -- i m and Organization of Signatory) By: (sign here) (print name here) (Attach corporate resolution shm {title and organization of signatory) (Proper notarial acknowledgment of execution by PRINCIPAL and SURm must be att: (President or vice-president and secretary or assistant secretary must sign for corporat one officer signs, the corporation must attach a resolution certified by the secretary secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL power of attorney.) Contract No. 3626 Pnnr. 4- HV0' @ 7/47/98 ZLZ6989 619 1 3NI 313v3 3T3N1S 'O'' 2 -d --AJUI UI~LL LL &ripally V1 LIlt: VV CSC HOME aFSfCE. SIN OIECO, CAIJFaFINlA t - POWER OF ATTORNEY -. .- N ALL MEN By T).(€SE PRESENTS: That lNSURANCE COMPANY OF TME WEST. a Carwaritcon duly aum gOniWW* Urd aOWinC GREG0 R Y HETTINGER un d or rJI* 'awl o( Vlo stat. at CACFQRNIA urd having 1- 2rtnclpal ~fllce 'rr tho Cly ol San Ciega. Crlifornta. doe: itS W0 ad I.wfU( Aarnay(s]-in-F8a *rim kd powor and uthody hardy Wwmd in ita namo. piaco and smad .clmod.dg* Urd dahr my utd aU bmda. und*rra&inqa. rocogn,t-s 01 00Iu mR4n obiipatians in thq nan 'Ihrr PW*r 04 Ammoy 1. grantd md ia Jan4 and aodd ay Iauimik undor urd by Urr aucnarq at tho far ada0t.d BY m* 0aud at Olroctors at INSURANCE COUPANY CF THE WEST a1 a m4.ung duly ea1l.d and holc 04 AUGUST, 1991. wnia au'd Rrsalutlon hu not $*on rmondod 01 mschdod urd at which ?ho !oilawing ir a ~ur. CUOY: 'RESCc'/bO. mhr! tnr Chairman ot rho 8-d. th* Pfasidrnt. an Ex.cubtr Vb ?rraidont ac r Srniar Vlca Carnomy. k. and mat qufl at my d mom U. 8UCfIQnI8d LQ ~XICU~. peworr 04 ARornry qurfifpq me rrrorn givrn ?swot Ol Anormy to exuuto on brhd 04 m0 CarnQrt'Iy. beads unduWdnqr. Md all CO~VIC?~ at surq vl~ P~osideru, u1 &a&tuit vkr Prrridont Sumtry Q* ~n huunc %awry k. md mrt-orc9 or any oi autnadzed tn 8Uert mo execution d my uKf\ Powor at Attorney. md'm uUch Usuoro Re aod at mo Campan) FURTHER RESCLVE~, mat rhr aigruaurs d rud amcoo urd m sod d m. Comorny JT?8v 50 at)~xd :O d Am ot to my cuUtlc8te d8dnq muom by k~tmll~. 8~d w M Porhr d Aaomay or c~miluco huir aqnrcurra w. f8ahik wai sl%U k vdd .nd bbrdhg UDQn no CamfJrny won sa atfix8d and in tk0 turnre WTC baed. und.rrrldng QI atla ot aurmfyahip p whicn it u rttachut. ma Carnoany ury .nd aU bocrdr .nd undrculrirrgs u UT- 5usinru af me Carnprny may cquiro. and any sue 3anda eracucod by my aucn Ammryin-r'*G shall ba U rrinding wan !be campmy u il signed by an rucnontsd dflecr a IN WITNESS WHEREOF. INSUFUIPICE CQMPANY CF THE WEST has uuud ita aded teal (0 be k@<W..Ke a NmsR RESC)CVEo. mat Ut0 Anomcf;n-F*ci may h givrn hrU pa*rwr to axt.QJ18 for and in tho nuno at prraonu Lo k signed by iU duty au(hori2.d offlira mia I It! day of Xwcrnbcr, 1994 0 p-- INSURA~ e3wAw c ? *r*-+. % *zP-ak. @** ,.+ Curlr. e ohn L Hannr;m. Sanior 1 SIATZ CF ZAUFOFINfA ss: CCU?irY CF SAN UfEGO , bdaro m- subdkr. r NaUv Public ol rho Star. ot Calif0 tho Councy d Sa Ckpo. duty cornminianad md quaMod. umr John L Huurum. Senior Vice Proatdon; at INSUFUfl. C6 mE %ST. (0 me p+rrorrdy known lo b. ttto indfwduai urd om de- ial urd who exocutad rtrr prrcd d he .Jrrowidg.d ae ex.curlon at Ihr auno. urd boinq by me duly -01% doeaaeth urd aaim. that ha ia Kt0 mat In0 add -8- sd urd hi¶ J/qn.ttJf* U JUch offlcrr Waf- dub dfkd .nd aubauikad lo @le au'd &Ut 11th day of Novcmbcr, I994 Cn rhia 010 c~tgor8don rlor*dd. ud tnac me ~4 mad to the pl.c+dlng iuuurnuic b me Corporato Sd 01. tho add 0 outnody urd dtadoa d the add Carpatarloc\, N WITNESS WHEREOF, I hrvr hrrounto art my hand and aMxad my CIIkW Sod, at the C;v ol SWI Olrqo. Iha Ira; ab** wrk!m. STATE OF CALIFORNIA ss: :CUNTY aF SAN OGUO I, Iho und*rrlqnd, E Hunrd Oarla. ltka ProaIQorrt d IhSlJRAUCE COMPANY OF THE WEST, do kr0.b~ t w(qlnd WWER OF: ATTORUEY. at whkn the rwegcing is hi!. trw urd eorrrd eopy. ia in furl fora md otfut b-tl rrwlrod. IH WITNES3 WHEREQF, I have hereunto tubietb-d .my fl6rTIe as Vtcr frraidqnl. and att1A.d ?ha Carpa**tq (0 * INSURANCE COUPANY 06 Not- Publf: :orpar.Uan. ~r 16th dry at June 19 99 a 1 ~;'.u.'',,. 5 %+ ,. *fi 'r(4ad- Vlcr Ptrrldrnt :" CAC 37 f ATTORNEY-IN-FACT ACKNOWLEDGMENT OF SURETY STATE OF: Colorado COUNTY OE Denver a -+ 3L4* 2 * On this 16th day of, June , -- 1999 Marqaret- A- Rosa Gregory Hett in,ger Nomy Public in and for saxdcdunty and Stste p&~nally appeared lotown to me to be the pascn whose name is subscibed to the within insVumcnt as the Attor ofthc INSURANCE COMPANY OF THE WEST Corporaziaa named as Surety kx said instrumeaq and ac'cnowkdged to me &at he Subscrib4 of said corporation hereto a~ Surety, and his own namt aa Attorney-k-Fact. ZWI'E: - XOTE: Signature of those executing for Surety must be properiy acknowiedgcc The Atroraey-h-Fact must a:t3cfi a certified copy of the Poww of Atto -1 Denver State of Colorado 1- a . . .. .I a -. --I.. BID SECURITY FORM - ._ (Check to Accompany Bid) II) (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of C CARLSBAD, in the sum of dollars ($ this amount being ten percent (10%) of the total amount of the bid. The proceeds of this chc become the property of the City provided this proposal shall be accepted by the City throug of its legally constituted contracting authorities and the undersigned shall fail to execute a and furnish the required Performance, Warranty and Payment Bonds and proof of in coverage within the stipulated time; otherwise, the check shall be returned to the undersign proceeds of this check shall also become the property of the City if the undersigned shall v his or her bid within the period of fifteen (15) days after the date set for the opening thereof otherwise required by law, and notwithstanding the award of the contract to another bidder. 0 BIDDER *Delete the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the fa pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of tt amount of the bid.) * ew ts 7/17/98 Contract No. 3626 Page 12 of 64 F BIDDER'S BOND TO ACCOMPANY PROPOSAL e KNOW ALL PERSONS BY THESE PRESENTS: That we, as Surety are held and firmly bound unto the City of Carlsbad, Cafifornia, in an amount as fi payment, well and truly ma d e, we bind ourselves, our heirs, executors and admh successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of thc bounden Principal for: , as Principal, and (must be at least ten percent 10%) of the bid amount) GIBRALTER STREET EMERGENCYACCESSROADRECONSTRUCTION CONTRACT NO. 3626 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter execute a Contract includin required bonds and insurance policies within twenty (20) da s 1 date of award of Contract % y the City Council of the City of Carlsbad, being duly noti r led award, then this obligation shall become null and void; otherwise, it shall be and remain in f and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of F shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this Executed by SURETY this PRI NC I PAL: SURETY: day of , 19-. I l9 * 0 (name of Principal) (name of Surety) By: (print name here) (Title and Organization of Signatory) By: (sign here) (print name here) (Attach corporate resolution showing (title and organization of signatory) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attachec (President or vice-president and secretary or assistant secretary must sign for corporations. one officer signs, the corporation must attach a resolution certified by the secretary or a: secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney (sign here) (address of Surety) ltelephone number of Surety) By: (signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) power of attorney.) JA , Assistant City Attorney @ By: NEMOBALDl 4- ES 7/17/98 Contract No. 3626 Page 13 of 64 F I. i I 1 1 0 I GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS .4._.. 6 REFERENCES Prior to preparation of the following Subcontractor and Owner Operato disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC ar Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", 'I( Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in 1-2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section these Special Provisions. CAUTIONS Bidders are cautioned that failure to provide complete and correct informati result in rejection of the bid as non-responsive. Any bid that proposes performance of more percent of the work by other than the Contractor's own organization will be rejected , responsive. INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to comp All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractor or Owner Operator/Le$ percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being I the line of the form must be entered under the column "O/O of Item by Sub" or "O/O of Item b as applicable. If a Subcontractor or Owner OperatorlLessor installs or constructs any porti bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The v materials and transport for materials from sources outside the limits of work, as shown on the shall be assigned to the Contractor, the Subcontractor, or the Owner OperatorlLessor as tl- may be, installing them. The value of material incorporated in any Subcontracted or OperatodLessor installed bid item that is supplied by the Contractor shall not be included part of the portion of the work that the Contractor is required to perform with its own organizai The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in t When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numb4 be entered on the form. If the Subcontractor does not have a valid business license enter "NC the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to I the required information. The number of additional form pages shall be entered on the fir: page of each type so duplicated. I Work. II) 1 i ' I I Item No." column. 1 1 ' 0 Qm I Trs 7/17/98 Contract No. 3626 Page 14 of 64 f I I 1 I I 1 I I I@ I 1 I 1 1 I I Bidder may, at its option, combine bid items on a single row in the chart on the disclosure using this option the Bidder must indicate the bid item numbers to which the information ir pertains. This option may not be used where the subcontractor or Owner Operator constructing or installing less than 100 percent of a bid item. The percentages and dollar may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/Lessor to construct less than 100 percent of a bid item the Bidder must attach an explanation sheet to the de: of subcontractor or designation of Owner Operator/Lessor forms as applicable. The exk sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment proposed to be so supplied. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awa contract shall determined by the City Council in conformance with the provisions of the documents and these Special Provisions. The decision of the City Council shall be final. 0 I 0- I* I p,s 7/17/98 Contract No. 3626 Page 15 of 64 I 4 L DESIGNATION OF SUBCONTRACTOR ANQ AMOUNT OF SUBCONTRACTOR'S BID ITEMS a The Bidder MUST complete each information field on this form for each subcontraci proposes to use. Additional copies of this form may be attached if required to accomm Contractor's decision to use more than one subcontractor. This form must be submitted a: the Bidder's sealed bid. Failure to provide complete and correct information may result in re the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in this bid for the Work and that the listed subcontractors will be used to perform the portic Work as designated in the list in accordance with applicable provisions of the specifica section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Act." The Bidder further certifies that no additional subcontractor will be allowed to per portion of the Work and that no changes in the subcontractors listed work will be made exc the prior approval of the Agency. Full Company Name of Subcontractor: Complete Address: 2 G /s 5.i.- Pdh,::8-4Gr,in 0 .-. 9 2 CC-L i'( (2 I -e Telephone Number plus Area Code: 76-3 -72 9 /dfL/? California State Contractors License NO. & Classification: Carlsbad Business License No.: Street L4 y235-y State Zip City L! ,I . 3 / 3 2 ' 0 SUBCONTRACTORS BID ITEMS Explanation: Column 1 - Bid Item No. from the bid proposal, pages 7-8. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 7-8. a Page of pages of this form i om I p,s 7117198 Contract No. 3626 Page 16 of 64 n DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS 0 The Bidder MUST complete each information field on this form for each subcontract proposes to use. Additional copies of this form may be attached if required to accomm Contractor's decision to use more than one subcontractor. This form must be submitted a: the Bidder's sealed bid. Failure to provide complete and correct information may result in re the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in this bid for the Work and that the listed subcontractors will be used to perform the portic Work as designated in the list in accordance with applicable provisions of the specifical section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Act." The Bidder further certifies that no additional subcontractor will be allowed to per portion of the Work and that no changes in the subcontractors listed work will be made exc the prior approval of the Agency. Full Company Name of Subcontractor: ,\b PAVi na Complete Address: )q 1 a fb 7 hfi M nr; \I p" City State \ nr, n MnrcAs 4 atq &A Street - Zip Telephone Number plus Area Code: L7LD> 33 - XqRO + California State Contractors License NO. & Classification: I,b?%G4 f+ Carlsbad Business License No.: ' 0 SUBCONTRACTORS BID ITEMS Excianation: Column 1 - Bid Item No. from the bid proposal, pages 7-8. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric item on bid proposal pages 7-8. 0 Page of pages of this form *w w 7117198 Contract No. 3626 Page 16 of 64 I i i $ $ $ $ $ $ $ $ $ I I I I I I I I I. I 1 I I I I I BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILIl (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance Sheets submitted under separate cover marked CONFIDENTIAL. t - dpAn$- kas c~,p57 t. Gr- - \ em f I p.$ 7/17/98 Contract No. 3626 Page 18 of 64 I- 1 I 1 i I I I I@ 1 1 I I 1 I 1 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) -_ - L The Bidder is required to state what work of a similar character to that included in the I Contract he/she has successfully performed and give references, with telephone numbe will enable the City to judge hidher responsibility, experience and skill. An attachment can . Name and Phone No. of Person Name and Address em f I ts 7/17/98 Contract No. 3626 Page 19 of 64 I. I I I I I I I 1 1 I I BIDDER’S CERTIFICATE OF INSURANCE FOR LIABILITY AND WORKERS’ COMPENSATION GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMO t (To Accompany Proposal) As a required part of the Bidder’s proposal the Bidder must attach either of the following to 1 page. 1. Certificates of insurance showing conformance with the requirements herein for: I Comprehensive General Liability Employer’s Liability I Automobile Liability Workers Compensation 2. Statement with an insurance carrier’s notarized signature stating that the carrier can, and payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insura Comprehensive General Liability, Employer’s Liability, Automobile Liability and Workers Compensation in conformance with the requirements herein and Certificates of insurance Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policie: to meet the specification of this contract must: (1) meet the conditions stated in The Notice Bids, the Standard Specifications for Public Works Construction and the Special Provisions project for each insurance company that the Contractor proposes, and (2) cover anv vehicle the performance of the contract, used onsite or offsite, whether owned, non-owned or hir whether scheduled or non-scheduled. The auto insurance certificate must state the coveral “any auto” and cannot be limited in any manner. 10 1 4- 1. I %@ 7/17/98 Contract No. 3626 Page 20 of 64 420 SOUTH BROADWAY ESCONDIDO, CA 92025 LICENSE #OC36861 Concrete Contractors Inter- state, Single Eagle, Inc. 12599 Stotler Court CA 92064 MERCIAL GENERAL LIABILITY ER'S & CONTRACTOR'S PROT ALL OWNED AUTOS SCHEDULED AUTOS HIRE0 AUTOS NON-OWNED AUTOS 0 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 A 7 POLICY NUMBER: ZDZ558793500 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Concrete Contractors Interstate, Single Eagle, Inc. a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING. COMMERCIAL GENERAL LiABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad. RE: Job - Gibralter St. Emergency Access Rd. Reconstruction (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of “your work for that insured by or for you. e CG 20 10 11 85 Copyright, Insurance Services Offices, Inc. 1984 a -_- ----- _--- . - - -__ M1~*uTos 1. I D I I I I 10 1 I I I I I BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible b another jurisdiction in the State of California? f -9" ,w> Yes no 2. If yes, what wadwere the name(s) of the agency(ies) and what wadwere the per debarment(s)? Attach additional copies of this page to accommodate more than two debarr ! $/A ,+ /)4 &l /A N/h. i-dA 14. D, party debarred party debarred agency agency 1 period of debarment period of debarment F BY CONTRACTOR: I- 5\&C?Lk E;sc?LE -!-ne Ah-".- GC"s 1 (naTfontrp By: (sign here $3 r Q&>& klnh; y&&--)aQ- . rC LE3 SOT (print namekitle) 4- I. I t@ 7/17/98 Contract No. 3626 Page 21 of 6, I, I II I 1 D I l. I 1 I 1 I I I BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) Contractors are required by law to be licensed and regulated by the Contractors’ State Board which has jurisdiction to investigate complaints against contractors if a complaint reg patent act or omission is filed within four years of the date of the alleged violation. A c regarding a latent act or omission pertaining to structural defects must be filed within 10 ye2 date of the alleged violation. Any questions concerning a contractor may be referrec Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826 1. Have you ever had your contractor’s license suspended or revoked by the C Contractors’ State license Board two or more times within an eight year period? f % Yes no 2. Has the suspension or revocation of your contractors license ever been stayed? >< Yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever I contractor’s license suspended or revoked by the California Contractors’ State license Boai more times within an eight year period? 1 Yes no 4. Has the suspension or revocation of the license of any subcontractor’s that you pn perform any portion of the Wo ever been stayed? Yes no 2 5. If the answer to either of I. or 3. above is yes fully identify, in each and every case, 1 disciplined, the date of and violation that the disciplinary action pertain to, describe the natu violation and the disciplinary action taken therefor. p4/4 (Attach additional sheets if necessary) *= I. I Qs 7/17/98 Contract No. 3626 Page 22 of 6, II I 1 I I 1 I i@ i I I I 1 1 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, the nature of the violation and the condition (if any) upon which the disciplinary action was Ill qQ b/ I (Attach additional sheets if necessary) BY CONTRACTOR: I- 4 7%-qG F!z-.AL?G $L &.i*c,oa k&lr y8,-L)2>,4q‘T- name f Co ractor) (sign he re) By: :@ (l-2y q P ‘,G+SGA.- ~>fi,~wc~?-ju,&~: . <-;\ccsi 3~;- I (print nameltitle)’ e* I? I r.# 7/17/98 Contract No. 3626 Page 23 of 6 I I I I I 1 1 1 I 1 I i I I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California 1 County of Sad 431c~~2 ) 4 ) ss. ,Q -u 'accZG(;lp* &q,4 ys& & ,"*GT&&aL -f .- ,- -- <.- - 4a , being first duly sworn, de - 4 I. 7- *@&-Lw - - '(Name of Bidder) -- E and says that he or she is '&k-aaw- (Title) i of the party making the foregoing bid that the bid is not made in the interest of, or on behal undisclosed person, partnership, company, association, organization, or corporation; that t genuine and not collusive or sham; that the bidder has not directly or indirectly induced or any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, c( connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone sh; from bidding; that the bidder has not in any manner, directly or indirectly, sought by ag communication, or conference with anyone to fix the bid price of the bidder or any other bidc fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or t any advantage against the public body awarding the contract of anyone interested in the F contract; that all statements contained in the bid are true; and, further, that the bidder directly or indirectly, submitted his or her bid price or any breakdown thereof, or the thereof, or divulged information or data relative thereto, or paid, and will not pay, any fe corporation, partnership, company association, organization, bid depository, or to any me agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affic ' 10 - executed on the /G day of 3 c*Lh.c- ,I9 ye,. w LL Signatub of Bidder 20 ,?&k &qb *+",<,,q(- CN.1ER Subscribed and sworn to before me on the /b day of du k!E (NOTARY SEAL) em t I aS 7/17/98 Contract No. 3626 Page 24 of 64 CONTRACT -- - e PUBLIC WORKS This agreement is made this 23rd day of July 3 1999 5 between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and CONCRETE CONTRACTORS INTERSTATE whose principal place of busines called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract do for: SINGLE EAGLE, INC. DBA 12599 STOTLER COURT, POWAY, CA 92064 (hf GIBRALTER STREET EMERGENCY ACCESS ROAD RECONSTRUCTION CONTRACT NO. 3626 (hereinafter called "project") 2. equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation o OperatodLessors, Bidder's Statements of Financial Responsibility, Technical Ability and Exp Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Pla Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Provisions, and all proper amendments and changes made thereto in accordance with this ( or the Plans and Specifications, and all bonds for the project; all of which are incorporated h this reference. Contractor, herlhis subcontractors, and materials suppliers shall provide and install the i indicated, specified, and implied by the Contract Documents. Any items of work not indir specified, but which are essential to the completion of the work, shall be provided at the Con expense to fulfill the intent of said documents. In all instances through the life of the Conti City will be the interpreter of the intent of the Contract Documents, and the City's decision re said intent will be final and binding. Failure of the Contractor to apprise subcontract( materials suppliers of this condition of the Contract will not relieve responsibility of complianc 4. Payment. For all compensation for Contractor's performance of work under this Contr: shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifical Public Works Construction (SSPWC) 1997 Edition, and the 1998 supplement thereto, her designated "SSPWC", as issued by the Southern California Chapter of the American Public Association, and as amended by the Special Provisions section of this contract. The Engir close the estimate of work completed for progress payments on the last working day of each Provisions of Labor and Materials. Contractor shall provide all labor, material @ 0 em ts 7/17/98 Contract No. 3626 Page 25 of 64 5. Independent Investigation. Contractor has made an independent investigatio jobsite, the soil conditions at the jobsite, and all other conditions that might affect the prc the work, and is aware of those conditions. The Contract price includes payment for all \ may be done by Contractor, whether anticipated or not, in order to overcome und conditions. Any information that may have been furnished to Contractor by City about und conditions or other job conditions is for Contractor's convenience only, and City does no that the conditions are as thus indicated. Contractor is satisfied with all job conditions, underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves trenches or other excavations that extend deeper than four feet below the surface Contrac 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 hazardou as defined in section 251 17 of the Health and Safety Code, that is required to be rem0 Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. 6. Differing Conditions. Subsurface or latent physical conditions at the site differing frc indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any nature, different materially from those ordinarily encountered and generally recognized as 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 : or do involve hazardous waste, and cause a decrease or increase in contractor's costs o time required for, performance of any part of the work shall issue a change order ur procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions rr differ, or involve hazardous waste, or cause a decrease or increase in the contractor's co time required for, performance of any part of the work, contractor shall not be excused fi scheduled completion date provided for by the contract, but shall proceed with all wor performed under the contract. Contractor shall retain any and all rights provided either by 1 or by law which pertain to the resolution of disputes and protests between the contracting pal 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requii of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has c and will comply with these requirements, including, but not limited to, verifying the eligil employment of all agents, employees, subcontractors, and consultants that are includec Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depart Industrial Relations has determined the general prevailing rate of per diem wages in accc with California Labor Code, section 1773 and a copy of a schedule of said general prevailir rates is on file in the office of the City Engineer, and is incorporated by reference herein. F to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor st copies of all applicable prevailing wages on the job site. 0 0 4- %# 7/17/98 Contract No. 3626 Page 26 of 64 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defc indemnify and hold harmless the City, and its officers and employees, from all claims, loss, injury and liability of every kind, nature and description, directly or indirectly arising fr connection with the performance of the Contract or work; or from any failure or alleged Contractor to comply with any applicable law, rules or regulations including those relating and health; and from any and all claims, loss, damages, injury and liability, howsoever 1 may be caused, resulting directly or indirectly from the nature of the work covered by the except for loss or damage caused by the sole or active negligence or willful misconduct of The expenses of defense include all costs and expenses including attorneys' fees for arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the awa contract to Contractor, and Contractor will pay all costs, including defense costs for Defense costs include the cost of separate counsel for City, if City requests separate counst IO. Insurance. Contractor shall procure and maintain for the duration of the contract ir against claims for injuries to persons or damage to property which may arise from or in cc with the performance of the work hereunder by the Contractor, his or her agents, represc employees or subcontractors. Said insurance shall meet the City's policy for insurance as Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimi indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single I occurrence for bodily injury and property damage. If the policy has an aggregate limit, a aggregate in the amounts specified shall be established for the risks for which the City or it: officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per acc bodily injury and property damage. In addition, the auto policy must cover any vehicle USE performance of the contract, used onsite or offsite, whether owned, non-owned or hir whether scheduled or non-scheduled. The auto insurance certificate must state the covera "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensati as required by the Labor Code of the State of California and Employers' Liability limits of $1, per incident. Workers' compensation offered by the State Compensation Insurance acceptable to the City. (6) Additional Provisions. Contractor shall ensure that the policies of insurance requirc this agreement with the exception of Workers' Compensation and Business Automobile Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional ins respects: liability arising out of activities performed by or on behalf of the Contractor; prod1 completed operations of the contractor; premises owned, leased, hired or borrowed contractor. The coverage shall contain no special limitations on the scope of protection affc the City, its officials, employees or volunteers. All additional insured endorsements r evidenced using separate documents attached to the certificate of insurance; one for each c affording general liability, and employers' liability coverage. e 0 e 4- r.$ 7/17/98 Contract No. 3626 Page 27 of 64 b. The Contractor's insurance coverage shall be primary insurance as respects the officials, employees and volunteers. Any insurance or self-insurance maintained by the officials, employees or volunteers shall be in excess of the contractor's insurance and contribute with it. c. to the City, its officials, employees or volunteers. d. against whom claim is made or suit is brought, except with respect to the limits of the liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be E to state that coverage shall not be nonrenewed, suspended, voided, canceled, or re( coverage or limits except after thirty (30) days' prior written notice has been given to the certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or sel retention levels must be declared to and approved by the City. At the option of the City, eit insurer shall reduce or eliminate such deductibles or self-insured retention levels as resr City, its officials and employees; or the contractor shall procure a bond guaranteeing pa! losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall a waiver of all rights of subrogation the insurer may have or may acquire against the City c its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its pa shall furnish separate certificates and endorsements for each subcontractor. Coven 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 i Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bus insurance by the State of California Insurance Commissioner as admitted carriers as evident listing in the official publication of the Department of Insurance of the State of California 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 insurai original endorsements affecting coverage required by this clause. The certificatl endorsements for each insurance policy are to be signed by a person authorized by that in bind coverage on its behalf. The certificates and endorsements are to be in forms approvec City and are to be received and approved by the City before the Contract is executed by the (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be i in the Contractor's bid. 0 Any failure to comply with reporting provisions of the policies shall not affect coverage Coverage shall state that the contractor's insurance shall apply separately to eack * 0 *w r,s 7/17/98 Contract No. 3626 Page 28 of 64 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be re! accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, P (commencing with section 20104) which are incorporated by reference. A copy of Artic included in the Special Provisions I section. The contractor shall initially submit all cla $375,000 to the City using the informal dispute resolution process described in Public Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the ( Government Code) for any claim or cause of action for money or damages prior to filing an for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted tc must be asserted as part of the contract process as set forth in this agreement an anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, i. considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly s false claim to a public entity. These provisions include false claims made with deliberate is 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 tl Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a fa1 may subject the Contractor to an administrative debarment proceeding wherein the Contrar 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 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referei (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debar another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcc from participating in future contract bidding. 8 Contractor acknowledges that California Government Code 0 I have read and understand all provisions of Section 11 above. T5J " (Initial) 12. Maintenance of Records. Contractor shall maintain and make available at no co! City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter ' 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princir of business as specified above, Contractor shall so inform the City by certified letter accon- the return of this Contract. Contractor shall notify the City by certified mail of any change of of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be sut for any monies withheld by the City to secure performance of this contract for any 01 established by this contract. Any other security that is mutually agreed to by the Contractor City may be substituted for monies withheld to ensure performance under this Contract. 0 *llr r,s 7/17/98 Contract No. 3626 Page 29 of 64 - fi 15. Provisions Required by Law Deemed Inserted. Each and every provision oi clause required by law to be inserted in this Contract shall be deemed to be inserted ht included herein, and if, through mistake or otherwise, any such provision is not inserted, correctly inserted, then upon application of either party, the Contract shall forthwith be F amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set for "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF ATTACHED a (CORPORATE SEAL) CONTRACTOR: Single Eagle Inc. dba Concrete Contractors Interstate By: (sign here) (print name and title) (sign here) (print name and title) Russel Baumgartner, President By: N/A a N/A President or vice-president and secretary or assistant secretary must sign for corporation: one officer signs, the corporation must attach a resolution certified by the secretary or i secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: a em ts 7/17/98 Contract No. 3626 Page 30 of 64 RIGHT THUMBP 1. (NAMEGI OF SIGNERS)) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s1 whose name(s1 islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies1, and that by his/her/their signature(s) on the instrument the person(s1, or the entity upon behalf of which the personb) acted, executed the instrument. (SEAL) __ HUNU NU- I PREMIUM : LABOW AND MATERIALS BOND WHEREAS. the City Council of the City of Carlsbad, State of California, b No. 99-26? adopted JULY 20, 1999 ha: SINGLE EAGLE, INC. DBA CONCRETE CONTRACTORS INTE-RSTA-~E (hereinafter designated as the ”Principal”), a Contract for: ab GlSRALTER STRE€T’ EMERGENCY ACCESS ROAD RECONSTRUCTION CONTRACT NO. 3626 in the City of Carlsbad, in strict conformity with tbe drawings and specifications, and Q Documents now on file in the Office of the City Clerk of the City of Carlsbad and all incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the t require the furnishing of a bond, providing that if Principal or any of their subcontractor pay for any materiafs, provisions, provender or other supplies or teams used in, upon performance of the work agreed to be done, or for any work or labor done thereon of Surety on this bond will pay the same to the extent hereinafter set forth. as Principal, (hereinafter designated as the “Contractof), and INSURANCE COMPAW as Surety, are held firmly bound unto the City of Carlsbad in the sum of THiRTY ON ($ 31,089.38 }, said sum being fifty percent (50%) of the estimated amour, the City of Carlsbad under the terms of the Contract, for which payment well and truly we bind ourselves, our heirs, executors and administrators, successors, or assigns severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hidher subco to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, performance of the work contracted to be done, or for any other work or labor thereon or for amounts due under the Unemployment lnsurance Code with respect to such work for any amounts required to be deducted, withheld, and paid over to the Employment f Department from the wages of employees of the contractor and subcontractors pursuar 13020 of the Unemployment Insurance Code with respect to such work and labor that thl pay for the same, not to exceed the sum specified in the bond, and, also, in case sui upon the bond, costs and reasonable expenses and fees, including reasonable attornt be fixed by the court, as required by the provisions of section 3248 of the California Civil This bond shall inure to the benefit of any and all persons, companies and corporation file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with sectic Surety stipulates and agrees that no change, extension of time, alteration or addition to . the Contract, or to the work to be performed thereunder or the specifications accornl same shall affect its obligations on this bond, and it does hereby waive notice of a extension of time, alterations or addition to the terms of the contract or to the wor specifications. NOW, THEREFORE, *NE, SINGLE EAGLE, INC- DBA CONCRETE CONTRAC THOUSAND E] CHTy N [ NE AND 30/00---------------------------------- ab w @B $9 7/17/98 Contract No. 3626 Page 31 o Zd ZLZ6387 E; 19 1 3i! i”3V3 313;iiS 1 iCd-2 k K3U a 1 0 In the event that Contractor is an indrvldual, it is agreed that the death of any such C not exonerate the Surety from its obligations under thrs bond. 3 Executed by CONTRACTOR this 30th Executed by SURETY this day of CONTRACTOR: SUREN: (name of Cmtract?+, jl*T! BY:-- July July I 19-. 99 of ." SIWGT,E EAGLE, INC- DBA CQNCRBTE CONTRACTORS I"J!ERSTATE INSURANCE COMPANY OF -- (name of Surety) r, San Diego, CA 92186- (sign here) {address of Surety) P.O. Box 85563 Sussel W. Baumgartner (619) 350-2400 (print name here) (title and organization of signatory) President By: (sign here) Gregory Hettinyer (printed name of fiorney-1 D-0.1. License No. OB: (attach corporate resoiution show power of attorney) (print name here) (tiff e and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SWRE'W must b {President or vice-president and secretary or assistant secretary must sign for corpora one officer signs, the corporation must attach a resolution certified by the secretary secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ." **c. e G 7/17/98 Contract No. 3626 Page 32 ( kiV90 0 Ed ZLZE98V 619 1 3PJI 313'd? 313i\iIS L.lOifJ q RIGHT THUMI T' personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hlslherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument : 1 the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witneskmy han (SEAL I1 1 Ab&4ULCA&ALL --~~~~Gi&ly VI, LAIC VVCJL HcME C6c'cE SAN OlECa, CAUFaHNIA - - POVE)? OF ArORNEY :N a ALL UEN 8v T~EsE PRESEHTS: nat IHSURANCZ COUPANY CF rn~ WEST. r Cacoarrtron duty auma ~d4r U'i* bwl 04 Vlr Stat. 01 CAL:fCRNIA md kavrng ita 3rroctO.l ofllco jr tnr C;IY ol San Ctoqa. cd2afn1a. daos -=anatm~t* and roaatnc GREGORY HETTINGER ;1 om* and h*rl~ A~tnoy(aJ-irr-Fact rrv~ irra pw*r and ruthorrty hardy ccmtonod in ;is nrrno. pircr rod xtrrd. c)vKld*dQ* -4 d0-r my urd rU Mndr, undrrtrxinqa. rocoqnarsnas 01 alhu mnan aarigauans in tt10 nawr nrr Po-w d AMmoy 1. gfrntd .nd is *nod urd iadod by lauimak urrdw ud by me rutnar~cy ol vr0 lalk daotd by me 0o~d Ol Olroears al INSURANCE C3UPA,NY C6 nf WEST 8; I mooting duly crlld and hold t AL'CUST'. 1991. whKil au'd Rraaiutlon hri not h*fl amondoc! 01 roschdd urd 01 =?tic!! tho !ailawrhg ia a me, f *ESC~'rgO. VId Ut0 Chairman 01 30 8-d. th4 Pfrwd*nt. ~n ESOCU&VO b ??*aiden: ac a Siniar Vlco amgay. br. md mat o.ci\ or my a4 umm u. auWtoflt*d LO OX-CO POWOO el Anornay qudif'ylt'lg u70 azcm ~n ??wrr a1 Awn- to execute on bRd a: m* Camprny. Mdr und.rrJdnga. urd a11 CI)~UICJ a1 auroy tr PrOrid8nt. UI Aulrunt vk, Prmsidrnc. I S-*t*y at m A+ruunc %u*wy bo. 8nd Lnafa04c!! at my at utned2.d e0 ufaat 8~ exeeudoa d my sud Power 01 Anomey. 8d-m 4- Or+rrm tho ard 44 ut. Campany FURTHER %SCLYEU. mat ma dgnrart*a d sue! omcwta md Um ad d rho Carnoany may 50 ~~RXUI :O ? ~rzecmy or lo ury -tm d8dnq huao by Iau1mrla. md any such Porr~ d Anom07 or cart:iIuro fruin pacurma W. frctknb -ai *a~ k vaM ~d bindhg UDO~ mo Company witon se *ad ~d in ut8 ttrcuro mtt ad. undutakhg 01 0crQ.d d suratyship Eo whicn it b *drdWd. FURTHER RfSUL=O. that trio Afb~t~~ph-F~ct may b given hrU ponqt ta oxoaztm far and in tho nuno at r 0 Company my and ;rll bond. urd undrnrltfngs u ma Susinru at tnr Company may #+quit*. and any sue 3onda -rcutod &y .ny su& Attornryin-2.ct sttall bo u =inding uaan ttto Compury u it signel by ~n autnanz.d QMCO~ o ! WITNESS WHEREOF. fNSlJWCE COMPANY CF THE WEST hu uuud -& aritcrll sod to ho hareunra al 1NSURA -_ C3UPANY C -3Ov marnu to. k signed by iU dub 8uUlo1k.d oniurs VIio I It5 &y of Novcmbcr, 1994 .' 0 c7'" Ji-7 ST;&? ann t Hanndrn. Soniar \r Jay of Novc*'crj '99' hrioio ttm sub-hr. 4 Houy Public at mo Stam ut calila = Courry d Sm C-e. due axnmhaknad md qualifird. urn. Jh L Hamum. Sdar VI- Proa~drn; at 1NSUW - WE WEST', (0 me -ally fVrown to b. #r indlwduai md oUkU doe h md who ex*cW*d Olr prrcod d he hMgd ma .xwdad ol t+ amo. md being by mr dub l*dtrl. doporoUl and Iaim. rh41 hr ir Ut0 z arporadon dWqs&. ud V\rC Uto -a,! &ed to ?Il- pt+adlng -kU-mMt b me C&Wf4CO Sr.1 01. thr add c -t tn- a& -8- sd 8nd hia alqnrruro u such otflur 1.18 doQ ad md aubauitod lo Ola alid ff¶a~ WVNESS WHEREOF, 1 hayo horounto 30: my had md aMxd cry cmdrl Sral. at Ihe C;C~ 01 San Clrgo. Ih. +a<** -ATE CF CALIFORNIA ss: XHTY ci= SAN aiEGo , Cn Ihil lftfr -wc~y .*d ~trm d tho r~d CO~~~~IJOIL -t 4b-e rm'aofi. ATE OF CALIFORNIA ss: ) :UNP aF SAN awm Not- Publfc 1. rho und-rrhd. e Hunod Old+. !&a PIOJ&(BAI 04 it4SURANCE COUPANY 06 THE WEST. do harow 4 :lnd WWER OF AVoFINEY. at whi& VI4 lwsgainq i3 4 lull, true urd atred upy. is in lull fora and OnUl :d t*Wlld. IN W17NE33 WHEREOF, I kava hor4unto awbsaibrd .my ftarnq ai Vlu Pra1id*nf. and afT1s.d VIo COVara' 0. lNSURAHCE COUPANY of '*'-- E. Hatn4d 0441 -paraUon. vll, 30th day at July 19 99 7 wpL*uJ a .sc,,. u...,,. *T. 4. -0 VI- Prrrlddnt + C*C I7 ATT 0 RNEY-IN-FA CT ACKNOWLEDGMENT OF SURETY STATE OF: Colorado corn OF: Denver a Onthis 30th day of, July 1999 Marqar-et A. Rosa Gregory He1.t inger Notary 'Public in and for sard Cdunty and St;ite p&%nally appeared known to me to be the pcrscn whose name is subschi to the within ins~umcnt as tie: of the INSURANCE COMPANY OF THE WEST Corporation named as Surety in said instrumezt, and achowfcdged to me &at he sub: of said corporation thereto as Surety, and his own name as Attorney-h-ract. NOTE: * Piom: Signature of those executing for Surety must be properly tcknowlf The Attorney-In-Fact must ztbch a certified copy of rhc Power of ; n -0 0U,rnAk Ti ii Lp2 and v6r the County of .. Denver - e State of Colorado ti)t C~m~nission Expires ~/zg 5; .. .. a BOND NO. 1 PREMIUM : FAITHFUL PERFORMANCE/WARWANTY BQND WHEREAS, the City Council of the City of Carisbad, State of Califomla, b No. 99-261 , adopted JULY 20, ?999 , ha: SINGLE EAGLE, INC. DBA CONCRETE CONTRACTORS INTERSTATE , designated as the "Principal"), a Contract for: c- GIBRALTER STREET EMERGENCY ACCESS ROAD RECONSTRUCTION CBNTRBCT NO. 3626 in the City of Carlsbad, in strict conformity with the contract, the drawings and specif other Contract Documents now on file in the Office of the City Clerk of the City of Ca which are incorporated herein by this refersnce. WHEREAS, Principal has executed or is about to execute said Contract and the tt require the furnishing of a bond for the faithful performance and warranty of said Contra1 SINGLE EAGLE, INC. DBA NOW, THEREFORE, WE, CONCRETE CONYRACTOWS INTERSTATE Jc (hereinafter designated as #e "Contractor"), and INSURANCE COMPANY OF T , as Surely, are held and firmly bound unto the City in the sum of SIXTY TWO THOUSAND ONE HUNDRED SEVEN?Y EIGHT Dollars ($ 62,178.60 ), said sum to one hundred percent (100%) of the estimated amount of the Contract, to be paid t certain attorney, its successors and assigns: far which payment, well and truly to be rnz ourseives, our heirs, executors and administrators, successors or assigns. lomtly an firmly by these presents. THE CONDlTlON OF THIS OBLIGATION IS SUCH that if the above bounden Con1 heirs, executors, administrators, successors or assigns, shalt in all things stand to and ai well and truly keep and perform the covenants, conditions, and agreements in the Contr alteration thereof made as therein provrded on their part, to be kept and performed at t in the manner therein specified, and in all respects according to their true intent and m shall indemnify and save harmless the City of Carlsbad, its officers, employees and therein stipulated, then this obligation shall become null and void; otherwise it shall re force and effect. As a part of the obligation secured hereby and ~n addition to the face amount specifi there shall be included costs and reasonable expenses and fees, including reasonabfl fees, incurred by the City in successfully enforcing such obhgation, all to be taxed a! included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to ! the Con?ract,, or to the work to be performed thereunder or the specifications accoml same shall affect its obligations on this bond, and it does hereby walve notice of a extension of time, alterations or addition to the terms of the contract or to the worl specifications. 60100------------------------------- ab e%+ 0 %@ 7/!7/9$! Contract No. 3626 Page 33 o P <-I .3~79'3? dL9 t 3Pi: 3-':73 3"TiJIS l.ICbA k4VL.B Q L 6- I fn the event that Contractor is an individual, it is agreed that the death of any such Cc not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 3 0th Executed by SURETY this 30th 0- day of July ,19 99. July ,1 CONTRACTOR: SUREVY: SINGLE EAGLE, INC, DBA CONCRETE CONTRACTORS INTERSTATE INSURANCE COMPANY OF TH; .m (name of Contractor) (name of Surety) P.0, Box 85563 San Diego, CA 92186-551 T y,* aY: -- (sign here) (address of Smty) 3ussel W - Bawnqartner (619) 350-2400 --- (print name here) 8y: President (Title and Organization of Signatory) Gregory Hettinger -- By: (printed name of Attoowy-in-Fact (sign here) D.O.1, License No. OB526 (Attach corporate resolution show power of attorney.) ab (print name here) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be (President or vice-president and secretary or assistant secretary must sign for corporati! one officer signs, the corporation must attach a resolution certified by the secretary I secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL rc/ a Contract No. 3626 Page 34 of WVL0 01 G mma 536 ZLZG93D 6 19 L 3.i: 313’13 313N IS k4OdA personally appear (SEAI _. I! - - CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION 8 The following representation and certification shall be completed, signed and returned tc Carlsbad as a part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below Certification #: N/A is: Are you currently certified by CALTRANS? YES NO xxx CERTIFICATION OF BUSINESS REP RES E NTATIO N (S) : Mark all applicable blanks. This offeror repre: part of this offer that: This firm is-, is not1 a minority busines This firm is-, is notx a woman-owned b WOMAN-OWNED BUSINESS: A woman-oh ness is a business of which at least 51 [ owned, controlled and operated by a woman c Controlled is defined as exercising the powei policy decisions. Operation is defined as involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTION CONTRACTOR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific LlCENSE NUMBER: 530842 Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, TAXPAYERS 1.D. NO- 33-0278361 Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. SinVIP F.;IV~P Tnr. : dha Cancrete Cont ractors COMPANY NXM E I.2589~ Btp,tle,rY. Court Genral Contracting 0 CLASSIFICATION(S): A9 B 9 c-8 Russel Baumgartner PRINTED NAME Interstate ADDRESS Poway '- ' Ca. 92064 -Tic TITLE jL>-" CITY, STATE AND ZIP TELEPHONE NUMBER i858, 6 79-5547 0 em +$ 7/17/98 Contract No. 3626 Page 35 of 61 ~____ .. - I. -. j/ 'I RIGHT THUMB personally appeared the instrument. Witness my hand and (SEA ~lllllall WOLCOTTS FORM 63238 . Rev. 3-94 (price class 8-2A1 THREE ALL PURPOSE ACKNOWLEDGMENTS WITH FINGERPRINTS '1994 WOLCOTTS FORMS, 1°C 7 67771 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION e This Escrow Agreement is made and entered into by and between the City of Carlsba address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "C whose ad hereinafl "Contractor" and whose ad he1 called "Escrow Agent .I' For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as I. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of C the contractor has the option to deposit securities with the Escrow Agent as a subs. retention earnings required to be withheld by the City pursuant to the Construction Contracl into between the City and Contractor for the Gibralter Street Emergency Acces Reconstruction, Contract No. 3626, in the amount of (hereinafter referred to as the "Contract"). Alternatively, on written reque contractor, the City shall make payments of the retention earnings directly to the escrou When the Contractor deposits the securities as a substitute for Contract earnings, the Escrc shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insu cover negligent acts and omissions of the escrow agent in connection with the handling of re under these sections in an amount not less than $100,000 per contract. The market vali securities at the time of the substitution shall be a least equal to the cash amount then rec be withheld as retention under the terms of the contract between the City and Con Securities shall be held in the name of the 1: designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwii be withheld from progress payments pursuant to the Contract provisions, provided that the 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 agent shall hold them for the benefit of the contractor until such time as the escrow creatc this contract is terminated. The contractor may direct the investment of the payme securities. All terms and conditions of this agreement and the rights and responsibilitie 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 Agent in administering the Escrow Account and all expenses of the City. These expen payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrob interest earned on that interest shall be for the sole account of Contractor and shall be SI withdrawal by Contractor at any time and from time to time without notice to the City. 0 4B e& rrs 7/17/98 Contract No. 3626 Page 36 of 6~ 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow P only by written notice to Escrow Agent accompanied by written authorization from City to the 1 Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contract( 7. The City shall have a right to draw upon the securities in the event of default by the Cont Upon seven days' written notice to the Escrow Agent from the City of the default, the EscroM shall immediately convert the securities to cash and shall distribute the cash as instructed City. 8. Upon receipt of written notification from the City certifying that the Contract is final and cc and that the Contractor has complied with all requirements and procedures applicable Contract, the Escrow Agent shall release to Contractor all securities and interest on depo! escrow fees and charges of the Escrow Account. The escrow shall be closed immediatel. 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 con pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shz Escrow Agent harmless from Escrow Agent's release, conversion and disbursement securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive 1 notice on behalf of the City and on behalf of Contractor in connection with the foregoin! exemplars of their respective signatures are as follows: For City: Title ' a Name Signature Address a For Contractor: Title Name Signature Add ress For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow I a fully executed counterpart of this Agreement. e e= p,s 7/17/98 Contract No. 3626 Page 37 of 64 P: IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers date first set forth above. i@ For City: Title Name Signature Address For Contractor: Title Name Sign at ure Add res s a * em 6s 7/17/98 Contract No. 3626 Page 38 of 64 P For Escrow Agent: - Title Name Signature Address e e 0 e= \$ 7/17/98 Contract No. 3626 Page 39 of 6~ SPECIAL PROVISIONS FOR GIBRALTER STREET EMERGENCY ACCESS ROAD RECONSTRUCT10 CONTRACT NO. 3626 -- * SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUC' PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMB 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sct or words of similar import are used, it shall be understood that reference is made to t' accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar in used, it shall be understood that the direction, designation or selection of the Engineer is i unless stated otherwise. The word "required" and words of similar import shall be undei mean "as required to properly complete the work as required and as approved by the E unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", i words of similar import are used, it shall be understood such words are followed by the ex "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "ai "acceptance", or words of similar import are used, it shall be understood that the i acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractc expense, shall perform all operations, labor, tools and equipment, and further, incluc furnishing and installing of materials that are indicated, specified or required to mean Contractor, at its expense, shall furnish and install the work, complete in place and read) including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. * @ e* Page 40 of 61 %@ 7/17/98 Contract No. 3626 City Council -the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative Dispute Board - persons designated by the City Manager to hear and advise the City Mal claims submitted by the Contractor. The City Manager is the last appeal level for informa resolution. Engineer - the Public Works Director of the City of Carlsbad or hidher approved represe The Engineer is the third level of appeal for informal dispute resolution. Minor Bid item - a single contract item constituting less than 10 percent (10%) of the Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who a directed, supervised and paid by the Contractor to accomplish the completion of the Work. such employees have their employment taxes, State disability insurance payments, S Federal income taxes paid and administered, as applicable, by the Contractor. When Section 2-3.1 ”own organization” means construction equipment that the Contractor owns c and uses to accomplish the Work. Equipment that is owner operated or leased equipmen operator is not part of the Contractor‘s Own Organization and will not be included for the p~ compliance with section 2-3. I of the Standard Specifications and these Special Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator who is employed by neither the Contractor nor a subcontractor and is neither an agent or e of the Agency or a public utility. Principal Inspector - The Senior Inspector’s immediate supervisor and second level of a1 informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract admir and first level for informal dispute resolution. Senior inspector - the Project Inspector’s immediate supervisor and first level of aF informal dispute resolution. @ ’ 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 the Contractor to complete 50 percent of the contract price with its own organization, the may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 pc the value of the work performed in excess of 50 percent of the contract price by other Contractor’s own organization. The City Council shall be the sole body for determinat violation of these provisions. In any proceedings under this section, the prime contractor entitled to a public hearing before the City Council and shall be notified ten (IO) days in ad the time and location of said hearing. The determination of the City Council shall be final. a *w r.4 7/17/98 Contract No. 3626 Page 41 of 61 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: "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 performance/warranty bond and payment bond (labor and materials bond) for this contrs faithful performance/warranty bond shall be in the amount of 100 percent of the contract F the payment bond shall be in the amount of 50 percent of the contract price. Both bor extend in full force and effect and be retained by the Agency during this project until released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount after recordation of the Notice of Completion and will remain in full force and effect for the I warranty period and until all warranty repairs are completed to the satisfaction of the Enginc payment bond shall be released six months plus 30 days after recordation of the 1\ Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admi authorized to transact the business of insurance in California and whose assets exce liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to co following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by 2) A certified copy of the certificate of authority of the insurer issued by the ir 0 other instrument entitling or authorizing the person who executed the bond to do so. commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and lial the insurer at the end of the quarter calendar year prior to 30 days next preceding the da execution of the bond. The financial statement shall be made by an officer's certificate as d Section 173 of the Corporations Code. In the case of a foreign insurer, the financial staterr be verified by the oath of the principal officer or manager residing within the United States. 0 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the ! Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 sur thereto, hereinafter designated "SSPWC", as written and promulgated by Joint COC Committee of the Southern California Chapter American Public Works Association and ! California Districts Associated General Contractors of California, and as amended by the Provisions section of this contract. The construction plans consist of one (1) set of drawings. The set is designated as City of Drawing No. 375-7 and consists of three (3) sheets. The standard drawings used for this pr the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designatel as issued by the San Diego County Department of Public Works, together with the City of ( Supplemental Standard Drawings and CALTRANS standard drawing. Copies of soml pertinent standard drawings are enclosed as an appendix to these Special Provisions. 2-5.3.3 Submittals, add the following: When submitted for the Engineer's revie Drawings shall bear the Contractor's certification that the Contractor has reviewed, checl approved the Shop Drawings and that they are in conformance with the requirement Contract Documents. The Contractor shall subscribe to and shall place the following certific 0 all submittals: e- p,s 7/17/98 Contract No. 3626 Page 42 of 6d "I hereby certify that the (equipment, material) shown and marked in this submittal is that I to be incorporated into this Project, is in compliance with the Contract Documents, can be 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 record set of blue-line prints, which shall be corrected in red daily and show every change original drawings and specifications and the exact "as-built" locations, sizes and kinds of ec underground piping, valves, and all other work not visible at surface grade. Prints for this may be obtained from the Agency at cost. This set of drawings shall be kept on the job anr used only as a record set and shall be delivered to the Engineer upon completion of tt Payment for performing the work required by section 2-5.4 shall be included in various bid if no additional payment will be made therefor. a 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall nc permanent survey monuments or benchmarks without the consent of the Engineer. W Engineer concurs, in writing, with the Contractor that protecting an existing monument in impractical, the Contractor shall employ a licensed land surveyor or a registered civil authorized to practice land surveying within the State of California, hereinafter surveyor, to the location of the monument before it is disturbed. The Contractor shall have the m replaced by the surveyor no later than thirty (30) days after construction at the sit1 replacement is completed. The surveyor shall file corner record(s) as required by §§ E 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in permanent survey monument is located, the Contractor shall adjust the monument frame a to the new grade within 7 days of paving unless the Engineer shall approve otherwise. M frames and covers shall be protected during street sealing or painting projects or be clean satisfaction of the Engineer. 2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pa; services of a surveyor to perform all work necessary for establishing control, construction records research and all other surveying work necessary to construct the work, provide s services as required herein and provide surveying, drafting and other professional services to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the si1 all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conforr requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade E the Engineer before commencing work in the area affected by the grade sheets. The CI shall submit field notes for all surveying required herein to the Engineer within ten performing the survey. All surveying field notes, grade sheets and survey calculations submitted in bound form on 215mm by 280 mm (8'1; by 11") paper. The field notes, call and data shall be clear and complete with name of the surveyor, the party chief, fit 4- pIs 7/17/98 Contract No. 3626 Page 43 of 61 @ 0 members, preparer of the field notes or calculations. They shall be annotated with the observation or calculation, be numbered with consecutive page numbers and shall be I without resort to any electronic aid, computer program or documentation for any computer F The field notes shall be prepared in conformance with the CALTRANS “Surveys Manu Contractor shall have a Record of Survey prepared by the surveyor and file it in conforma 5s 8700 - 8805 of the State of California Business and Professions Code when the : performs any surveying that such map is required under §§ 8762 of the State of California E and Professions Code and whenever the Surveyor shall establish, set or construct any pe survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks a (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that a accessory to, property corners and street centerlines are permanent survey monumenl Record of Survey shall show all monuments set, control monuments used, the basis of bear1 all other data needed to determine the procedure of survey and the degree of accuracy atti the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closi not exceed 1 part in 40,000. The record of survey shall show the location and justific location of all permanent monuments set and their relation to the street right-of-way. Recc Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the Surveyor and before submittal to the County Recorder. Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engine greater intervals than 15.2 m (50’), as measured along the project stationing unless a lesser is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe o slope catch points and street crown lines where no median exists. Large slopes shall h point set to aid in construction of the slope. Rough sub-grade stakes for roadway section set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to subbase or aggregate base for the roadway section. The stakes shall be set at edge of pi and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section sh 7.6 m (25’) intervals at edge of pavement and top of curbs and crown line where no mediar Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 7.€ intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Inter stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals. Sto staking shall be done at 7.6 m (25’) intervals. Catch basins shall be staked at centerline a end of the local depression. Curbdcurbs and gutter shall be staked at 7.6 m (25’) interval5 line of driveways, and 1/4, 1/2, 314 delta on returns. Fills to finish grade at 7.6 m (25’) ink the paving pass width shall be painted on the pavement prior to placing each lift of as variable thickness pavement overlays requiring leveling courses. Intersections showing finished asphalt grids shall be painted per the grid. Stakes shall be set to show the loca grade of future curbs adjacent to traffic signal locations where the curb is not being built as this contract. Surveyor shall mark the removal limits and limits of work line shown on thc The markings shall consist of continuous painted lines on asphalt and concrete surfaces flagged or painted laths spaced on centers no more than 7.6 m (25’) on unimproved arei markings shall be completed by surveyor and inspected and approved by the Engineer be start of construction in the area marked. Centerline monuments shall be laid out, tt stamped, and a Record of Survey satisfactory to the Engineer filed with the County in acc with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 7.E intervals with offsets referencing the top and centerline of pipe on main line and laterals pipeline work the pipe and each access hole, pipe material change, lateral connectior appurtenance, or hydrant location with elevations shall be staked and provided with gradc designating the offset of the reference point, station, elevation of reference point, cut (or feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved shown on the plans shall be staked and flagged at 7.6 m (25’) intervals prior to the start of a e= ts 7/17/98 Contract No. 3626 Page 44 of 6L rl) @ @ activities within the limits of the work. Where utility vaults, poles or other facilities are being as parts of or as adjuncts to the project, the Contactor shall place stakes defining the horizc vertical location of curb and gutter to facilitate the location of said utility vaults, poles facilities by the party(ies) constructing them. When no curb and gutter is being installed as the project the location of adjacent facilities being constructed as a part of the Con Contractor shall place stakes defining the horizontal and vertical location of such adjacc vaults, poles or other facilities thatare being installed as parts of, or as adjunct(s) to, the pro Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the require1 Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the sur and no additional payment will be made. Extension of unit prices for extra work shall inc compensation for attendant survey work and no additional payment will be made therefor. for the replacement of disturbed monuments and the filing of corner records shall be inci the work necessitating the disturbance of said monuments and no additional payment will 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, provic of all records in the Contractor’s or subcontractor’s possession pertaining to the work Engineer may request. Add the following section: 2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make availablc Engineer, within San Diego County, accurate books and accounting records relative activities and to contractually require all subcontractors to this Contract to do the san Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subco performance pursuant to this Agreement, said monitoring, assessments, and evaluations tc but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and ir of Contractor’s staff and the staff of all subcontractors to this contract. At any time durini business hours and as often as the Engineer may deem necessary, upon reasonable notice, Contractor shall make available to the Engineer for examination, all of its, subcontractors to this contract, records with respect to all matters covered by this Contrac permit the Engineer to audit, examine, copy and make excerpts or transcripts from such I records, and to make audits of all invoices, materials, payrolls, records of personnel, and o relating to all matters covered by this Contract. However, any such activities shall be carri a manner so as to not unreasonably interfere with Contractor’s ongoing business op Contractor and all subcontractors to this contract shall maintain such data and records foi as may be required by applicable laws and regulations. @ SECTION 3 -- CHANGES IN WORK 3-3 EXTRA WORK. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or dec quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjus contract unit price for such items will be limited to that portion of the change in excess of 2: of the original quantity listed in the Contractor’s bid proposal for this contract. Adjust1 excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3 0 Work. 4- ts 7/17/98 Contract No. 3626 Page 45 of 6d 3-3.2.2 ( c ) Tool and Equipment Rental, Rega ownership, the rates and right-of-way delay factors to be used in determining rental and de' shall be the edition of the, "Labor Surcharge & Equipment Rental Rates" published by CAL current at the time of the actual use of the tool or equipment. The right-of-way delay factor shall be used as multipliers of the rental rates for determining the value of costs for del: Contractor and subcontractors, if any, The labor surcharge rates published therein are not this contract. 3-3.2.3 Markup, (a) and shall constitute the markup for all overhead and profits: second paragraph, modify as follows: 0 Delete sections 3-3.2.3 (a) and (b) and replace with the following: Work by Contractor. The following percentages shall be added to the Contract0 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be a compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is perform Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portic extra work and a markup of 5 percent on work added in excess of $5,000 of the subcc portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, Pay extra work will not be made until such time that the Contractor submits completed daily rep all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete p: five (5), and add the following: The Contractor shall not be entitled to the payment of any a compensation for any act, or failure to act, by the Engineer, including failure or refusal to change order, or for the happening of any event, thing, occurrence, or other cause, ur Contractor shall have first given the Engineer due written notice of potential claim as he specified. Compliance with this section shall not be required as a prerequisite to notice proc Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differ6 measurement or errors of computation as to contract quantities. The written notice of poteni for changed conditions shall be submitted by the Contractor to the Engineer upon their d and prior to the time that the Contractor performs the work giving rise to the potential cla Contractor's failure to give written notice of potential claim for changed conditions to the upon their discovery and before they are disturbed shall constitute a waiver of all c connection therewith. The Contractor shall provide the City with a written document containing a descriptio1 particular circumstances giving rise to the potential claim, the reasons for which the Cc believes additional compensation may be due and nature of any and all costs involved c working days of the date of service of the written notice of potential claim for changed cor Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Ck 0 add the following after the second sentence: (I) Government Code Sections 12650-12655. 4i- p.# 7/17/98 Contract No. 3626 Page 46 of 6r “The undersigned certifies that the above statements are made in full cognizance of the C False Claims Act, Government Code sections 12650-1 2655. The undersigned further undc and agrees that this potential claim, unless resolved, must be restated as a claim in respon! City’s proposed final estimate in order for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Cc shall submit substantiation of its actual costs to the Engineer within 20 working days i affected work is completed. Failure to do so shall be sufficient cause for denial of at 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 the contract be brought to the attention of the Engineer at the earliest possible time in 01 such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written I potential claim prior to commencing any disputed work. Failure to give said notice shall cor waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with resolution pursuant to Public Contract Code provisions specified hereinafter, the contrac attempt to resolve all disputes informally through the following dispute resolution chain of COI I. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completior disputed work stating its position on the claim, the contractual basis for the claim, along documentation supporting the costs and all other evidentiary materials. At each level of appeal of claim the City will, within 10 working days of receipt of said claim or appeal ( review the Contractor’s report and respond with a position, request additional information or that the Contractor meet and present its report. When additional information or a mr requested the City will provide its position within 10 working days of receipt of said a information or Contractor’s presentation of its report. The Contractor may appeal eacl position up to the City Manager after which the Contractor may proceed under the provisior Public Contract Code. The authority within the dispute resolution chain of command is limited to recomme resolution to a claim to the City Manager. Actual approval of the claim is subject to the chan provisions in the contract. ‘. @ e 4% ts 7/17/98 Contract No. 3626 Page 47 of 6L All claims by the contractor for $375,000 or less shall be resolved in accordance procedures in the Public Contract Code, Division 2, Part 3, Chapter I, Article 1.5 (commen Section 20104) which is set forth below: e ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five t 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 contract public agency when the public agency has elected to resolve any disputes pursuant to A (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 Codc that "public work" does not include any work or improvement contracted for by the stai Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa money or damages arising from work done by, or on behalf of, the contractor pursuar contract for a public work and payment of which is not otherwise expressly provided fc claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or speci 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 I, 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 th Claims must be filed on or before the date of final payment. Nothing in this subdivision is intt extend the time limit or supersede notice requirements otherwise provided by contract for 1 of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re: writing to any written claim within 45 days of receipt of the claim, or may request, in writin 30 days of receipt of the claim, any additional documentation supporting the claim or re 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 pursuai 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 subr the claimant within 15 days after receipt of the further documentation or within a period of greater than that taken by the claimant in producing the additional information, whichever is ! (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three I seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of rc the claim, any additional documentation supporting the claim or relating to defenses to the c local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuar 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 subr the claimant within 30 days after receipt of the further documentation, or within a period of greater than that taken by the claimant in producing the additional information or re documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to within the time prescribed, the claimant may so notify the local agency, in writing, either \n days of receipt of the local agency's response or within 15 days of the local agency's fi respond within the time prescribed, respectively, and demand an informal conference to rr em r,s 7/17/98 Contract No. 3626 Page 48 of 64 0 @ confer for settlement of the issues in dispute. Upon a demand, the local agency shall sct 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 disF claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and C (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Cc purposes of those provisions, the running of the period of time within which a claim must shall be tolled from the time the claimant submits his or her written claim pursuant to subdiv until the time that claim is denied as a result of the meet and confer process, including any i time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor construed to change the time periods for filing tort claims or actions specified by Ct (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claim: to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, 1 shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both The mediation process shall provide for the selection within 15 days by both parti disinterested third person as mediator, shall be commenced within 30 days of the submi shall be concluded within 15 days from the commencement of the mediation unless requirement is extended upon a good cause showing to the court or by stipulation of both p the parties fail to select a mediator within the 15-day period, any party may petition the appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pui Chapter 2.5 (commencing with Section 1141 .IO) of Title 3 of Part 3 of the Code of Civil Prc notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (/ (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil prc shall apply to any proceeding brought under the subdivision consistent with the rules perti judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators a for purposes of this article shall be experienced in construction law, and, upon stipulatio parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pi exceed their customary rate, and such fees and expenses shall be paid equally by the except in the case of arbitration where the arbitrator, for good cause, determines a different In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Civil Procedure, any party who after receiving an arbitration award requests a trial de novo I not obtain a more favorable judgment shall, in addition to payment of costs and fees ur 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 mec 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is un except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the lega any arbitration award or judgment. The interest shall begin to accrue on the date the suit is court of law. @ @ arbitration process. a em tS 7/17/98 Contract No. 3626 Page 49 of 61 SECTION 4 - CONTROL OF MATERIALS @ 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free a access to any and all parts of work at any time. Such free and safe access shall include rr safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertainin safety of persons as contained in the State of California, California Code of Regulations, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Constructior Orders and such other safety regulations as may apply. Contractor shall furnish Enginc such information as may be necessary to keep the Engineer fully informed regarding progr manner of work and character of materials. Inspection or testing of the whole or any portic work or materials incorporated in the work shall not relieve Contractor from any obligation this Contract. 4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from sentence of the first paragraph. add the following: Except as specified in these Special Provisions, the Agency will bear th testing of locally produced materials and/or on-site workmanship where the results of si meet or exceed the requirements indicated in the Standard Specifications and the Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approve Engineer before the delivery is started. All materials proposed for use may be inspected or any time during their preparation and use. If, after incorporating such materials into the VI found that sources of supply that have been approved do not furnish a uniform product, product from any source proves unacceptable at any time, the Contractor shall furnish i material from other approved sources. If any product proves unacceptable after improper handling or for any other reason it shall be rejected, not incorporated into the work and removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or ex1 requirements of the specifications shall be borne by the Agency. Said tests may be mad place along the work as deemed necessary by the Engineer. The costs of any retes 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 satisfactory performance of substituted items. If, in the sole opinion of the Enginc substitution is determined to be unsatisfactory in performance, appearance, durability, corn with associated items, availability of repair parts and suitability of application the Contrac remove the substituted item and replace it with the originally specified item at no cos Agency. a SECTION 5 -- UTILITIES 5-1 LOCATION. Add the following: The Agency and affected utility companies have, by of known records, endeavored to locate and indicate on the Plans, all utilities which exist v limits of the work. However, the accuracy and/or completeness of the nature, size and/or IC utilities indicated on the Plans is not guaranteed. 0 em t? 7/17/98 Contract No. 3626 Page 50 of 6 5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor ci the failure of other parties to relocate utilities that interfere with the construction, the Cc upon request to the Engineer, may be permitted to temporarily omit the portion of work aff the utility. Such omission shall be for the Contractor’s convenience and no additional comp will be allowed therefor. The portion thus omitted shall be constructed by the Ci immediately following the relocation of the utility involved unless otherwise directed by the E a SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsec and substitute the following: The Contractor shall begin work within fifteen (15) calend after receipt of the “Notice to Proceed”. Add the following section: 6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Eng set the time and location for the Preconstruction Meeting. Attendance of the Cor management personnel responsible for the management, administration, and executio project is mandatory for the meeting to be convened. Failure of the Contractor to t Contractor’s responsible project personnel attend the Preconstruction Meeting will be grc default by Contractor per section 6-4. No separate payment will be made for the Cor attendance at the meeting. The notice to proceed will only be issued on or after the coml the preconstruction meeting. Add the following section: 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s pre revision and maintenance of the Construction Schedule are incidental to the work and no payment will be made therefor. 0 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, equipr materials, and performing all operations necessary to complete the Project Work as show Project Plans and as specified in the Specifications. The work includes removal and replac asphalt concrete pavement and concrete pavement and install traffic markers. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of weekl: Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. Th Representative shall be the individual determined under section 7-6, “The Coi Representative’’, SSPWC. No separate payment for attendance of the Contractor, the Coi Representative or any other employee or subcontractor or subcontractor’s employee meetings will be made. a em tS 7/17/98 Contract No. 3626 Page 51 of 6 6-6 DELAYS AND EXTENSIONS OF TIME. @ 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall providc notice to the Engineer within two hours of the beginning of any period that the Contractor ha any workers or equipment on standby for any reason that the Contractor has determinc caused by the Agency or by any organization that the Agency may otherwise be obligated Contractor shall provide continuing daily written notice to the Engineer, each work1 throughout the duration of such period of delay. The initial and continuing written notic include the classification of each workman and supervisor and the make and model of each equipment placed on standby, the cumulative duration of the standby, the Contractor's ol the cause of the delay and a cogent explanation of why the Contractor could not avoid the reasonable means. Should the Contractor fail to provide the notice(s) required by this se Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefc 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prose( work to completion within thirty (30) working days after the starting date specified in the N Proceed. 6-7.2 Working Day. Unless otherwise approved in writing by the E the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays Fridays, excluding Agency holidays. The Contractor shall obtain the written approva Engineer if the Contractor desires to work outside said hours or at any time during weekenc holidays. This written permission must be obtained at least 48 hours prior to such wc Engineer may approve work outside the hours and/or days stated herein when, in his/ opinion, such work conducted by the Contractor is beneficial to the best interests of the Age Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this sectic Construction Schedule required by section 6.1. No additional payment, adjustment of bid I adjustment of contract time of completion will be allowed as a consequence of the proh work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the followir The Engineer will not accept the Work or any portion of the Work before all of the \ completed and all outstanding deficiencies that may exist are corrected by the Contractor Engineer is satisfied that all the materials and workmanship, and all other features of tht meet the requirements of all of the specifications for the Work. Use, temporary, int permanent, of all, or portions of, the Work does not constitute acceptance of the Work. Ii Engineer's judgment, the Work has been completed and is ready for acceptance the Engir so certify to the Board. Upon such certification by the Engineer the Board may acc completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "N Completion" to be filed in the ofice of the San Diego County Recorder. The date of rea shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentence work shall be warranted for one (1) year after recordation of the "Notice of Completion" i faulty work or materials discovered during the warranty period shall be repaired or replacec Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be I as a warranty bond for the one year warranty period. Add the following: ' e em p,s 7/17/98 Contract No. 3626 Page 52 of 6~ 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first s of the second paragraph and add the following: For each consecutive calendar day in e the time specified for completion of Work, as adjusted in accordance with 6-6, the Contrac pay the Agency, or have withheld monies due it, the sum of $500. Execution of the Contract shall constitute agreement by the Agency and Contractor that 1 day is the minimum value of costs and actual damages caused by the Contractor to coml Work within the allotted time. Any progress payments made after the specified completion d not constitute a waiver of this paragraph or of any damages. @ SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insu have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authc conduct business in the state of California and are listed in the official publication of the Del of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance placed with insurers that are admitted and authorized to conduct business in the state of C and are listed in the official publication of the Department of Insurance of the State of CE Policies issued by the State Compensation Fund meet the requirement for workers' comp insurance. 7-5 PERMITS. E: specified herein the agency will obtain, at no cost to the Contractor, all encroachment, righ grading, resource agency and building permits necessary to perform work for this cor Agency property, in streets, highways (except State highway right-of-way), railways or othc of-way. Contractor shall not begin work until all permits incidental to the work are obtainc Contractor shall obtain and pay for all permits for the disposal of all materials removed . project. The cost of said permit(s) shall be included in the price bid for the appropriate bid i no additional compensation will be allowed therefor. Delete the first sentence and add the following four sentences: @ 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control require shall also be executed on weekends and other non-working days when needed to pres health safety or welfare of the public. The Contractor shall conduct effective cleanup i control throughout the duration of the Contract. The Engineer may require increased ~ cleanup and dust control that, in hidher sole discretion, are necessary to preserve the healt and welfare of the public. Cleanup and dust control shall be considered incidental to the 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 construction meter for water used for the construction, plant establishment, maintenance, testing and all other work requiring water related to this contract. The Contractor shall COI appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, meter and any, and all, other charges, deposits and/or fees therefor. considered incidental to the items of work that they are associated with and no additional Said costs @ will be made therefor. 4- ts 7/17/98 Contract No. 3626 Page 53 of 6r Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be t with mufflers in good repair when in use on the project with special attention to the CI Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 0 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls sf accordance with the plans, Chapter 5 of the California Department of Transportation "N Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffi system is damaged, displaced, or ceases to operate or function as specified, from any MUS the progress of the work, the Contractor shall immediately repair said component to its condition or replace said component and shall restore the component to its original locatioi event that the Contractor fails to install and/or maintain barricades or such other trafl markings, delineation or devices as may be required herein, the Engineer may, at his option, install the traffic signs, markings, delineation or devices and charge the Contract( dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traff facility, whichever is the greater. Add the following section: 7-1 0.3.1 Construction Area Signs and Control Devices. All construction traffic si control devices shall be maintained throughout the duration of work in good order. All con area signs shall conform to the provisions of section 206-7.2 et seq. All temporary r pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary r channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporz striping, pavement marking, and curb marking shall conform to the provisions of section 2' seq. except that all temporary paint shall be rapid dry water borne conforming to CAI Specification No. 801 0-91 D-30. Warning and advisory signs, lights and devices installed c to provide traffic control, direction and/or warning shall be furnished, installed and maintain€ Contractor. Warning and advisory signs, lights and devices shall be promptly removec Contractor when no longer required. Warning and advisory signs that remain in place overni be stationary mounted signs. Stationary signs that warn of non-existant conditions shall be I from the travelled way and from the view of motorists in the travelled way or shielded from of the travelling public during such periods that their message does not pertain to conditions. Care shall be used in performing excavation for signs in order to protect undt facilities. All excavation required to install stationary construction area signs shall be perfc hand methods without the use of power equipment. Warning and advisory signs that are u during working hours may be portable signs. Portable signs shall be removed from the l way and shielded from the view of the travelling public during non-working hours. During tt of darkness, as defined in Division I, Section 280, of the California Vehicle Code, portat: shall be illuminated or, at the option of the Contractor, shall be in conformance with the prov section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are use the hours of darkness, they shall be affixed or covered with reflective cone sleeves as sp~ CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. F vehicles of the Contractor's employees shall not be parked within the traveled way, incluc section closed to public traffic. Whenever the Contractor's vehicles or equipment are parke shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluoresce cones or portable delineators placed on a taper in advance of the parked vehicles or equipn along the edge of the pavement at 7.6 m (25') intervals to a point not less than 7.6 m (25') last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign PO: tree shall be placed where directed by the Engineer. 0 @ *w p.# 7/17/98 Contract No. 3626 Page 54 of 64 Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all n precautions for the safety of employees on the work and shall comply with all applicable p of Federal, State and Municipal safety laws and building codes to prevent accidents or persons on, about, or adjacent to the premises where the work is being performed. The C shall erect and properly maintain at all times, as required by the conditions and progrec work, all necessary safeguards for the protection of workers and public, and shall use dan! warning against hazards created by such features of construction as protruding nails, ho holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect ’ include Chapter 11.06. Excavation and Grading. If this notice specifies locations or materials, such as borrow pits or gravel beds, for use in the proposed construction proje would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the c established pursuant to Section 1601 et seq. of the Fish and Game Code shall become c of the contract. @ SECTION 9 -- MEASUREMENT & PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: the U.S. Standard Measures. The system of measure for this contrac 9-3 PAYMENT. 0 9-3.1 General. Delete the eighth paragraph and substitute the following: Guaranter shall not be affected by any payment but shall commence on the date of recordation of thc of Completion” 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the fol Each month, the Engineer will make an approximate measurement of the work performel closure date as basis for making monthly progress payments. The estimated value will bc on contract unit prices, completed change order work and as provided for in Section 9-: Standard Specifications (SSPWC). Progress payments shall be made no later than thi calendar days after the closure date. Five (5) working days following the closure di Engineer shall complete the detailed progress pay estimate and submit it to the Contractoi Contractor’s information. Should the Contractor assert that additional payment is d Contractor shall within ten (IO) days of receipt of the progress estimate, submit a suppl payment request to the Engineer with adequate justification supporting the amount of suppl payment request. Upon receipt of the supplemental payment request, the Engineer shall, as practicable after receipt, determine whether the supplemental payment request is a payment request. If the Engineer determines that the supplemental payment request is not then the request shall be returned to the Contractor as soon as practicable, but not la seven (7) days after receipt. The returned request shall be accompanied by a documen forth in writing the reasons why the supplemental payment request was not prop conformance with Public Contract Code Section 20104.50, the City shall make payment thirty (30) days after receipt of an undisputed and properly submitted supplemental F request from the Contractor. If payment of the undisputed supplemental payment reque! made within thirty (30) days after receipt by the Engineer, then the City shall pay intere$ Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Civil Procedure. e* p.$ 7/17/98 Contract No. 3626 Page 55 of 6 Delete the third paragraph and substitute the following: The Agency shall retain 10 pc such estimated value of the work done as part security for the fulfillment of the contrac Contractor, except that at any time after 50 percent of the work has been completed, if the f finds that satisfactory progress is being made, the Agency may reduce the total amou retained from payment pursuant to the above requirements to 5 percent of the total estimatl of said work and may also reduce the amount retained from any of the remaining partial p to 5 percent of the estimated value of such work and materials. In addition, on any partial I made after 95 percent of the work has been completed, the Agency may reduce the withheld from payment pursuant to the requirements of this Section to such lesser amounl Engineer determines is adequate security for the fulfillment of the balance of the work a requirements of the contract, but in no event will said amount be reduced to less than 125 of the estimated value of the work yet to be completed as determined by the Engineei reduction will only be made upon the written request of the Contractor and shall be app writing by the surety on the Performance Bond and by the surety on the Payment Bor approval of the surety shall be submitted to the Engineer; the signature of the person execi approval for the surety shall be properly acknowledged and the power of attorney author person executing the approval to give such consent must either accompany the document file with the Agency. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final I Estimate and process a corresponding payment. This estimate will be in writing and shall b total amount owed the Contractor as determined by the Engineer and shall be itemize( contract bid item and change order item with quantities and payment amounts and shall deductions made or to be made for prior payments and amounts to be deducted under prov the contract. All prior estimates and progress payments shall be subject to correction in 1 Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate written statement disputing any bid item or change order item quantity or payment amou Contractor shall provide all documentation at the time of submitting the statement suppc position. Should the Contractor fail to submit the statement and supporting documentatic the time specified, the Contractor acknowledges that full and final payment has been ma( contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned 1 Engineer will review the disputed item within 30 calendar days and make any apl adjustments on the Final Payment. Remaining disputed quantities or amounts not approve Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the En! ascertain the basis and amount of said disputed items. The Engineer will consider the mer Contractor's claims. It will be the responsibility of the Contractor to furnish within a reason: such further information and details as may be required by the Engineer to determine the contentions involved in its claims. Failure to submit such information and details will be ! cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items dis the written statement required in subsection 9-3.2 all claims of any dollar amount shall be s in a written statement by the Contractor no later than the date of receipt of the final estimate. Those final payment items disputed in the written statement required in subsecti shall be submitted no later than 30 days after receipt of the Final Payment estimate. No ( @ ' a eB ts 7/17/98 Contract No. 3626 Page 56 of 61 be considered that was not included in this written statement, nor will any claim be allowed f written notice or protest is required under any provision of this contract including secti Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compl notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce basis and amount of said claims. The Engineer will consider and determine the Contractor’ and it will be the responsibility of the Contractor to furnish within a reasonable time suct information and details as may be required by the Engineer to determine the facts or cor involved in its claims. Failure to submit such information and details will be sufficient cl denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for thos approved by the Engineer. The Contractor shall proceed with informal dispute resolutic subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not inco into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory \ be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lu price paid for mobilization shall not exceed five thousand dollars ($5,000), and incli compensation for furnishing all insurance, bonds, licenses, labor, materials, utilitie: equipment and incidentals, and for doing all the work involved in mobilization and preparatc and operations, including, but not limited to, those necessary for the movement of PC equipment, supplies, and incidental to preparing to conduct work on and off the project other offsite facilities necessary for work on the project; for all other facilities, sureties, cn operations which must be performed or costs incurred prior to beginning work on various items on or off the project site, excepting those specifically paid for under separate sections specifications. The Contractor hereby agrees that the stipulated lump sum amount is suffi Mobilization and Preparatory Work, as described in this section, and that the Contractor st no right to additional compensation for Mobilization and Preparatory Work. Progress payments for Mobilization and Preparatory Work will be made as follows: For the first progress payment (after the issuance of the Notice to Proceed), forty percent I the amount bid for Mobilization And Preparatory Work will be allowed. For the second I payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatl will be allowed therefor. a 0 * e* ts 7/17/98 Contract No. 3626 Page 57 of 6r Type of Construction All Concrete Used Within the Right-of-way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations 0 Concreted-Rock Erosion Protection Concrete Maxim Class Slump mm 330-C-23 (2) 1 15-E-3 200 ( 330-C-23 100 ( 350-C-27 100 ( (560-C-3250) (') (1 90-E-400) (560-C-3250) (590-C-3750) 31 0-C-I 7 (520-C-25OOP) per Table 31 SECTION 203 - BITUMINOUS MATERIALS @ 203-6 ASPHALT CONCRETE. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR 4000 fo course, and B-AR 4000 for base course. 203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, de from the Engineer’s field laboratory”. Last paragraph, add after D 2172: ”method A or B.” 203-6.7 Asphalt Concrete Storage. Open graded asphalt concrete excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not bi the work. add the following: SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during 1 Contractor’s performance of the Work. Temporary traffic signs include both stationary and [ signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary trai used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrii shall conform to the requirements of “Specifications For Reflective Sheeting Signs, Octobc Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated Februa all published by the State of California, Department of Transportation, Division of Proc Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 9581E modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993” re1 Contractor or supplier to notify the Department of Transportation or to certify compliance “Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control prc to allow testing, approval, observation of manufacturing or assembly operations by the California, Department of Transportation and/or its employees or officials, such rights vested in the Engineer. Add the following section: 206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1 follows: Standard temporary traffic signs shall be as per the most recently approved “A Sign Specification Sheets” of the State of California, Department of Transportation. The approval shall be the date most closely preceding the date of manufacture of the sign(s) or of the “Notice to Proceed” of this contract, whichever is most recent. @ Q em r,s 7/17/98 Contract No. 3626 Page 59 of 64 Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, 1993" as follows: All advisory signs, warning signs and all regulatory signs, excepting or hereinafter listed, shall be fabricated with Type Ill encapsulated lens sheeting conformin requirements of this specification. The signs listed below shall be fabricated with encapsulated lens sheeting conforming to the requirements of this specification. Regulatc which shall be fabricated with Type II encapsulated lens sheeting are: R5; R24 throi including, R32B; R47 through, and including, R53C; R62A through, and including, R6. through, and including, R96C; and R99 through, and including, R105A. All sign designatic be as per the "Traffic Manual", 1996 revision, as published by the California Depar Transportation. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October ' follows: Excepting only construction warning signs used at a single location during daylig for not more than five (5) consecutive days, all signs used for the direction, warning, and rf of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and s aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted tempora signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing pos same manner shown on the State of California, Department of Transportation "Standar 1995 edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadsic except as follows: 0 a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way sh least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in matei installation to SDRS drawing M-45 and shall have one post provided for each 0. ft2)of sign area, or the signs may be installed on existing lighting standarc approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requ specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, 1993". Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 1 O-gage or 12-gage cold-rol perforated tubing used for the support and stabilization of stationary mounted temporaq Post size and number of posts shall be as shown on the plans, except that when stationary signs are installed and the type of sign installation is not shown on the plans, post size number of posts will be determined by the Engineer. Sign panels for stationary mounted si! consist of reflective sheeting applied to a sign substrate. e a 4- Gs 7/17/98 Contract No. 3626 Page 60 of 6d Nominal Outside Dimensions mm (inches) (1 x 1) (I ‘/4 x 1 1/4) (1 ’/* x 1 V2) (13/4 X 13/4) 25 x 25 32 x 32 38 x 38 44 x 44 51 x51 (2 x 2) 56 x 56 57 x 57 64 x 64 51 x76 (2 x 3) (23/,, X 23/16) (2’/4 X 21/4) (2V2 x 2V2) Outside Tolerance for 411 Sides at Corner: mm (inches) 0.13 0.005 0.15 0.006 0.15 0.006 0.20 0.008 0.20 0.008 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 0.25 0.01 0 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST 0 (’I Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. (*) Twist is measured by holding down the edge of one end of a square tube on a surface I with the bottom side of the tube parallel to the surface plate, and noting the height either corner on the opposite end of the bottom side is above the surface plate. Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shal “pull-through” electrogalvanized rivets with 9.5 mm (318”) diameter shank, 22 mm (7/8”) head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall cc ASTM B-633, Type Ill a 4- t? 7/17/98 Contract No. 3626 Page 62 of 6 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS e SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General. add the following to the third paragraph: During surface clearing OF the Contractor shall not cover or bury any plant growth or other objectionable material: Contractor cannot successfully separate the plant growth from the surface soil and adve inadvertently mixes organic or other objectionable materials with the soil, the soil so cant shall be removed from the site by the Contractor. All costs, if any, associated with removin mixed with organic or other objectionable materials and importing soil to replace said cont, soil shall be borne by the Contractor and no additional payment therefor shall be mac Contractor. 300-1.3 Removal and Disposal of Materials. add the following: Also included in cle: grubbing shall be removal and disposal of existing street poles and lights, metal guard rail asphalt concrete and aggregate base, reinforced and unreinforced concrete pavement, dr alleys, cross-gutters, and all other concrete structures encountered in the work, concrete gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and othei features which interfere with the work. Whether or not such items are shown on the plans t be removed as a part of clearing and grubbing. Existing underground pipes and conduits shown on the plans and designated to be removed shall be removed by the Contractor as clearing and grubbing. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be mal contract lump sum price for clearing and grubbing within the project limits and at stockpile and no other payments will be made. Unless otherwise noted on plans, the Contractor shal all existing abandoned pipelines and conduits of any type, or use, and pipelines and condui type, or use, that are abandoned during the course of the work and shall replace said pipe’ conduits with properly compacted soils. Payment for removal and disposal of abandone shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payme made. @ SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AP PLACEMENT OF BASE MATERIALS 301 -1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: each instance reading “1 50mm (6 inches)” to ”300 mm (1 2”)”. a em p,# 7/17/98 Contract No. 3626 Page 63 of 6 301 -1.3 Relative Compaction. Delete the first paragraph and substitute the following Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be pavc base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, I or sidewalk constructed over them to no less than 95 percent maximum dry density as de by ASTM test D-1557-91. 301 -1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparal be included in the contract bid price for which the subgrade is prepared and shall include materials; including water, operations and equipment to scarify, adjust moisture, con recompact the subgrade, both in cut areas and in fill areas, and no further compensatio allowed. * SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the lim paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide applied at least 2 (two) working days prior to paving the area. Allowance for the two da shall be shown in the schedule required per section 6-1. 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the app and termini to all structures and vertical joints in the cold-milled area which are trans through traffic with temporary asphalt concrete pavement as specified in section 306-1 5.1. shall be constructed the same day as cold milling and removed the same day as permaneni Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat betw successive interfaces of existing pavement and new pavement when, in the opinion of the e the Contractor has failed to maintain or prepare each existing or previously laid course of receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt recei new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows After second sentence paragraph, add: The Contractor shall provide the spreading and finishing machine used to c the asphalt concrete surface course with an automatic screed control for surface course pav automatic screed control shall be 9 m (30') minimum length. The paving machine shall be c by an operator and two full-time screed men during all paving. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joir procedures shall be required, and vibratory rollers shall be limited to breakdown, unless ot directed by the Engineer. modify as follows: Unless directed otherwise by the Engin1 initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this sect 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete sh the unit price bid per square foot. No additional payment shall be made for any tack coat. * After last paragraph, add: a e* 6# 7/17/98 Contract No. 3626 Page 64 of 64 STANDARD DRAWINGS INCLUDED a ITEM STANDARD MARKERS A73C CURB & GUTTER SDRSD G-2 e a 22 2" Weakened Plane Joint 0 c 1 1M" except where shown indicate othetw TYPE G & H CUR8 NOTES: 1. Concrete shall be 520-C-2500. 2 See Standard Drawing 6-10 for joint detaik 3. Slope top of curb 1/4" per foot toward stmt LEGEND ON PLANS 'IF- -- -~41nr11 -. 'I CURB AND GUTTER - COMBINED -2 rq ~~~~-~~~~ "9% 1 * -c 3QN 3-23 ~~~~~ 3-0: Recording requested by: ) ) 1 City Clerk ) City of Carlsbad ) 1200 Carlsbad Village Dr. ) UFFlCIfll RECORPS S&i DIE@ C&i.#i3 RECgiEER'S Off GEiXJFy Llm %l-jE5 @&{T\i g:EC&:i; 3h17 CITY OF CARLSBAD When recorded mail to: n- 1 FEES:: t II 00 Carlsbad, CA 92008 Space above this line for Recorder': A$:,k ; NOTICE OF COMPLETION 'P 1 Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the propert) described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbac 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed 01 18, 1999. 6. The name of the contractor, if any, for such work of improvement is Single Ea$ Concrete Contractors Interstate. 7. The property on which said work of improvement was completed is in the City ( County of San Diego, State of California, and is described as the Gibr Emergency Access Road Reconstruction, Project No. 3626. 8. The address of said property is within the limits of the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drivi ,2000, a above described work as completed and ordered that a Notice of Completion be file1 California, 92008; the City Council of said City on TA~RV 5 I declare under penalty of perjury that the foregoing is true and correct. Executed on JANUARY 5 , 2000, at Carlsbad, California. CITY OF CARLSBAD FUi-!IRI