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Home My WebLink AboutTri-Group Construction Inc; 2007-01-23; PWS06-30STSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2007-0535156 AUG10,2007 11:37 AM OFFICIAL RE CORDS ^n DIEfin rOUNTY RECORDER'S OFFICE GREGriRY ,l SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: Not Applicable NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter 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, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on July 6, 2007. 6. The name of the contractor for such work or improvement is Tri-Group Construction & Development, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PWS06-30STS Summer 2006 Citywide Curb, Gutter, Sidewalk Repair, Project No. PWSGS218. 8. The street address of said property is various locations in the City of Carlsbad. Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on fijLitlJLAJ- "7 , 20 Q 7 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on vLucvLS-f % _. 200?. at Carlsbad, California. ACl Kit Word\Masters\Forms\Notice of Completion (City)3/9/98 TABLE OF CONTENTS Item Page Notice Inviting Bids 6 Contractor's Proposal 10 Bid Security Form 15 Bidder's Bond To Accompany Proposal 16 Guide For Completing The "Designation Of Subcontractors" Form 18 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 20 Bidder's Statement Of Financial Responsibility 21 Bidder's Statement Of Technical Ability And Experience 22 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 23 Bidder's Statement Of Re Debarment 24 Bidder's Disclosure Of Discipline Record 25 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 27 Contract Public Works 28 Labor And Materials Bond 34 Faithful Performance/Warranty Bond 36 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 38 oRevised 10/08/0 Contract No. PWS06-30STS Page 2 of 99 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 41 1-2 Definitions 41 1-3 Abbreviations 42 Section 2 Scope And Control Of The Work 2-3 Subcontracts 43 2-4 Contract Bonds 43 2-5 Plans And Specifications 44 2-9 Surveying 45 2-10 Authority Of Board And Engineer 46 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 46 3-3 Extra Work 46 3-4 Changed Conditions 47 3-5 Disputed Work 48 Section 4 Control Of Materials 4-1 Materials And Workmanship 51 4-2 Materials Transportation, Handling and Storage 51 Section 5 Utilities 5-1 Location 52 5-4 Relocation 52 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 52 6-2 Prosecution Of Work 53 6-6 Delays And Extensions Of Time 53 6-7 Time of Completion 53 6-8 Completion And Acceptance 54 6-9 Liquidated Damages 54 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 54 7-4 Workers' Compensation Insurance 54 7-5 Permits 54 7-7 Cooperation and Collateral Work 55 7-8 Project Site Maintenance 55 7-10 Public Convenience And Safety 55 7-13 Laws To Be Observed 59 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 59 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 59 9-3 Payment 59 Revised 10/08/0 Contract No. PWS06-30STS Page 3 of 99 Pages Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials 62 Section 201 Concrete, Mortar And Related Materials 201-1 Portland Cement Concrete 63 Section 203 Bituminous Materials 203-6 Asphalt Concrete 64 Section 212 Landscape And Irrigation Materials 212-1 Landscape Materials 66 Section 213 Engineering Fabrics 213-2 Geotextiles 66 213-3 Erosion Control Specialties 66 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing And Grubbing 67 300-2 Unclassified Excavation 68 300-4 Unclassified Fill 69 300-9 Geotextiles For Erosion Control And Water Pollution Control. 70 Section 301 Treated Soil, Subgrade Preparation And Placement Of Base Materials 301-1 Subgrade Preparation 71 Section 302 Roadway Surfacing 302-5 Asphalt Concrete Pavement 71 302-9 Asphalt Pavement Repairs And Remediation 71 Section 303 Concrete And Masonry Construction. 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 71 Section 306 Underground Conduit Construction 306-5 Abandonment Of Conduits And Structures 72 Section 313 Temporary Traffic Control Devices 313-2 Temporary Traffic Signing 72 313-4 Measurement And Payment 72 Revised 10/08/0 Contract No. PWS06-30STS Page 4 of 99 Pages PART 4 SPECIAL CONSTRUCTION PROVISIONS 1. Work 73 2. Worksites 73 3. Construction Plans 74 4. Notice of Award and Notice to Proceed 74 5. Data Submittal 75 6. Contractor Cooperation 75 7. Permits 75 8. Storage of Materials and Equipment 76 9. Earthwork and Soils Compaction Testing 76 10. Preservation of Existing Improvements 76 11. Construction Water 77 12. Progress Scheduling •. 77 APPENDIX A 78 Revised 10/08/0 Contract No. PWS06-30STS Page 5 of 99 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on August 29, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Removal and replacement of concrete surface improvements at City of Carlsbad Facilities and Parks. SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Purchasing Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2006 Edition, hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. Revised 10/08/0 Contract No. PWS06-30STS Page 6 of 99 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 8. Certificate of Insurance. The riders covering 2. Bidder's Bond the City, its officials, employees and volunteers 3. Non-Collusion Affidavit may be omitted at the time of bid submittal but 4. Designation of Subcontractors shall be provided by the Bidder prior to award of and Amount of Subcontractor Bid this contract. 5. Bidder's Statement of Financial Responsibility 9. Bidder' s Statement Re Debarment 6. Bidder's Statement of Technical Ability and 10. Bidder's Disclosure Of Discipline Record Experience 11.Escrow Agreement for Security Deposits - 7. Acknowledgement of Addendum(a) (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $165,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A, General Engineering or C-8 Concrete. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $35.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/0 Contract No. PWS06-30STS Page 7 of 99 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. No pre-bid meeting will be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Revised 10/08/03 Contract No. PWS06-30STS Page 8 of 99 Pages section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2006-177, adopted on the 27th day of June, 2006. July 14, 2006 Date Publish Date: July 19, 2006 Revised 10/08/03 Contract No. PWS06-30STS Page 9 of 99 Pages I CITY OF CARLSBAD 1 1 1 I •1 •A|V 1 1 1 I SUMMER 2005 CITY WIDE CURB, UUITEH, SIDEWALK HbHAIH CONTRACT NO. PWS06-30STS CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PWS03-30STS in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE Item No. Description 1 Remove and replace Type G curb and gutter per SDRSD G-2at Dollars per Linear Feet 2 Remove and replace sidewalk per SDRSD G-7 at Dollars per Square Foot 3 Remove and replace driveway approaches per SDRSDG-14at — -Y~v^-'£a_ v" ~ "A" CONCRETE REPLACEMENT Approximate Quantity Unit and Unit Price Total 983 LF $ "M $ 4^3o3 ' -I'1™ 27.178 SF $ \c?-S~O $ 2^*3^~ IC.*2] 2.919SF $ ^ 2- $ 3S" O2~g> ' Dollars per Square Foot I 10/08/0 No. PWS06-30STS Page 10 of 99 Pages 1 I I I I I a i i i i i i i <i i Item No. Description 4 Asphalt and concrete saw cutting at Dollars per Linear Foot Rolled curb at S i 8 10 1 1 Approximate Quantity Unit and Unit Price 3,861 LF $ 76 LF $. Dollars per Linear Foot D-25 sidewalk drain at 25 LF $ Dollars per Linear Foot 7 Traffic control at LUMP SUM S 3/s Dollars (Lump Sum) Handicap ramp atc, -^>1,446 SF $ Dollars per square foot Crossgutter at 252 SF $ Dollars per Square Foot Root grubbing at LUMP SUM $ \0 000 M-fr^ Dollars (Lump Sum) Tilework R&R at 588 SF $ O Dollars per Square Foot Total amount of bid in words for Schedule "A":S x >( Total amount of bid in numbers for Schedule "A": $G *"? 1 ^ 2_ • Total $. Price(s) given above are firm for 90 days after date of bid opening. Revised 10/08/0 Contract No. PWS06-30STS SIGNA7 Page 11 of 99 Pages I I i I I 1 1 I I I i I I I I Addendum(a) No(s). _ / _ ' has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number ""1 ^ a-i ^~~^> __ , classification _ A- _ which expires on _ <o -\ - 'g? \ - <=> n and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028. 15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ^r^> _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1 , Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Revised 10/08/0 Contract No. PWS06-30STS Page 12 of 99 Pages License Detail Page 1 of2 California Home Tuesday, August 29, 2006 Welcome to California r • •Jf: .V, License Detail Contractor License # 792159 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law fB&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. • Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 08/29/2006 * * * Business Information * * * TRI-GROUP CONSTRUCTION AND DEVELOPMENT INC 13943 POWAY ROAD, SUITE B POWAY, CA 92064 Business Phone Number: (858) 679-0843 Entity: Corporation Issue Date: 03/06/2001 Expire Date: 03/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * (Class | Description JA iGENERATENGiNEERING CONTRACTOR GENERALBUILDINGCONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number GCL1208075 in the amount of $10,000 with the bonding company INTERNATIONAL BUSINESS AND MERCANTILE REASSURANCE COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) HANI ATEF ASSI certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 05/14/2001 BQI's Bonding History * * * Workers Compensation Information * * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/29/2006 License Detail Page 2 of 2 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046-0011914 Effective Date: 05/01/2003 Cancellation Date: 09/19/2006 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License IMumber Contractor Name Personnel Name Request Request _ . _. . Salesperson NameSalesperson Request - ^Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 08/29/2006 I I I I I I I I I I I I I 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 (5) E-Mail (Street and Number) Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) . Telephone No. I Revised 10/08/0 Contract No. PWS06-30STS Page 13 of 99 Pages I I* 1 I 1 1 1 IF A CORPORATION. SIGN HERE: TRI-GROUP CONSTRUCTION AND DEVELOPMENT INC. (1) Name under which business is conducted I — m (2) -^ -^ • '(Signature) V- V- / s- | (Title) Impress Corporate Seal here • /^ r. , x- ,v"' '• ''•" "-(3) Incorporated under the laws of the State of c -TM-I \—• ^ - y_- -. - ^ • (4) Place of Business \ 3^1 M: 3 ^ o\^ <°r\ "£0 ~> ^ (Street and Number) City and State 1 (5) Zip Code ) ^ fc b ^i Telephone No. _ • (6) E-Mail ~\_r L ^ro-A(p Cv^^s^-(S1 g\o\ • c<*~^ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED I List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: J*L Revised 10/08/0 Contract No. PWS06-30STS Page 14 of 99 Pages California Ail-Purpose Acknowledgment State of California County of <tfr>ss. before me, personally appeared At ***• *a>- O CD OJS. K. BROWNELL. COMM. #1523898 NOTARY PUBLIC-CALIFORNIA jy, SAN DIEGO COUNTY -t. s/lyComm Expires November 1.2008 y Q personally known. to me 'ip. proved. to me, on 'the basis of satisfactory evidence •to be the person^.) whose nameXs)as/>are subscribed "'-> the within- instrument and. acknowledged to me that she/they. executed the same in jlis'/her/tKeir autho- red capacityftea)., __ and that by ^jjVher/their signature*^} on the instrument the person^., or the en- tity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal. _ Signatura'of 'Notary Other Information L£*information is aoc required by state lau/, bu( is hclptxil ia prcvcatiag fraud. Type of Ackowledgment: (^ individual Q Corporate Q Partaership Q Attoraey-ki-fact . -.Q Other- Document Identification: Name/Type: Other Info: of Pages: Journal Entry #: Siner Information Nam,-: j-/^ JkJ Ac,' Capacity (if corporate): • SiQOi Gulden Seal:: NuUu-y (333) 26J-1977 I I I I I I I I I* I 1 I I I I BID SECURITY FORM (Check to Accompany Bid) SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) I Revised 10/08/0 Contract No. PWS06-30STS Page 15 of 99 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO, PWS06-30STS KNOW ALL PERSONS BY THESE PRESENTS: '•'••• • . TRI-GROUP CONSTRUCTION • NORTH AMERICAN SPECIALTY That, we, ; AND DEVELOPMENT , INC . _ , as Principal, and INSURANCE COMPANY _ , as Surety are held and firmly bound unto the City of CarJsbacL California,, in an amount as follows:lP ^-AI^K.(must be at least ten percent (10%) of the bid amount) AmiOlP -. ,.for payment, weli and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. .. - . - THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that rf the proposal of the above- bounden Principal for: SUMMER 200S CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly, notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 10/08/0 Contract No, PWS06-3QSTS Page 16 of 99 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate.the Surety from its obligations under this bond. , .... Executed by PRINCIPAL this 28TH day of . PRINCIPAL: TRI-GROUP CONSTRUCTION "'• 1 •,•••'•• • AND 'DEVELOPMENT . TNC . (name of Principal) By:. AUGUST, (sigrrhere) • • (print name here) (Title and Organization of Signatory) By:__i, -(print narrie hera) (title and organization of signatory) Executed by SURETY this 28TH Of AUGUST : '• '- '' . 20 06 . SURETY: 'NORTH AMERICAN SPECIALTY' •"•• INSURANCE .COMPANY' " • (name of Surety) •••••: ' 701 SOUTH PARKER STREET,. SUITE 3800," ORANGE. CA 92868- ' ' ' • "' "•" (address of Surety) . . 714/550-7799 • ,' -.- • .- (telephonejiumber of Surety) By: (signature of Attotney-in-Fact) KAREN JEAN' HALL, ATTORNEY-IN-FACT (printed name of Attorney-in~Facfy (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.): • ;:: (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) • - APPROVED AS TO FORM: RONALD R. BALL City Attorney f- Deputy City Attorney m/na/o Contract No, PWS06-30STS Page 17 of .99 Pages NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" KAREN JEAN HALL ! No. 5193 ^sasasssggsgjjsagsggss^^ it• i(*iiift**ii/ifif • I(t NAME(S) OF SIGNER(S) [7] personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.1DEBORAH D. DAVIS COMM. #1412744 NOTARY PUBLIC-CALIFORNIA <s> SAN DIEGO COUNTY ^ My Comm. Exp. APRIL 21,2007j> THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOTARY •*-«• .•«- i OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES i OPTIONAL SECTION i CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Q INDIVIDUAL Q] CORPORATE OFFICER(S) TITLE(S) Q] PARTNER(S) \^\ LIMITED Q GENERAL 0 ATTORNEY-IN-FACT n TRUSTEE(S) Q GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "53SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS of CALIFORNIA County of SAN DIEGO On 8/28/2006 DATE before me,. personally appeared. DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC KAREN JEAN HALL - NAMEfS)OFSIGNER(S) [X] personally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.DEBORAH D. DAVIS COMM. #1412744 NOTARY PUBLIC-CALIFORNIA c/5 SAN DIEGO COUNTY MyComm. Exp APRIL 21. 2007 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) |~] PARTNER(S) Q LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT WITNESS my hand and official seal. •SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE 5SSSSSSSSSS3SSSSSSSSS5 California All-Purpose Acknowledgment State of California County of On S3. before me, personally appeared OCO S. K. BROWNELL * COMM. #1523898 % NOTARY pySLIG-CAUFORMIA ^ SAN DIEGO COUNTY _i My Ccmm. Expires November 1.2008 v' ...•^••••••^fc Q personally known. to me ""E . .proved. to me on the basis of satisfactory evidence •to be the person%5>) whose namdfsjtsjare subscribed tfkthe within instfum'ent and. acknowledged to me that /Ve/she/they.. executed the same in^fByherAJifiir autho- rized capacityfiesX, and that by (tjls^her/.trieir signaturs'fii_pn the instrument the persanfs^or the en- tity upon' behalf of which the persant&^acted, executed the instrument. . • . WITNESS my hand and official seal. _ Signature of Notary Other Information Tills"iAfortiiatiou is act required by state law. but us bcipdil ia prcvc^tiag fcuud. Type of Ackov/ledgment: vjs^ individual Q Corporate Q Partnership ' Q Attomey-iu-fact •.Q Other- Document Identification: Name/Type: . • Dace: Other Info: # ofPages: Journal Ratry #: Signer Information Capacity (if corporate): QlOOi Gulden Scale Notary (333) 26J-1977 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws ofthe State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JOHN MALONEY, HELEN MALONEY, MARX D. IATAROLA. KAREN JEAN HALL and MATTHEW C. GAYNOR JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN M1LLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two ofthe President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal ofthe Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal ofthe Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." S;.SEAL1973 By. Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & Vice President of North American Specialty Insurance Company By, David M. Layman, Vice President or Washington International Insurance Company & Vice President or North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of June j 20"" . State of Illinois County of Du Page North American Specialty Insurance Company Washington International Insurance Company On this 28th day of June 2006 , before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" SUSAN ANSEL NotorjrPUWfc, State of !ltf»*s ' A«*M.I, James A. Carpenter , the duly elected Assistant Secretary Susan Ansel, Notary Public of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals ofthe Companies this of AUGUST ,20-06. James A, Carpenter. Vice President & Assistant Secretary of Washington International Insurance'Company & North American Special!)' Insurance Company Company Profile Page 1 of 2 Company Profile NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101-2524 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent For Service of Process? Reference Information NAIC#: 29874 NAIC Group #: 0181 California Company ID #: ' 3208-6 Date authorized in California: June 30, 1989 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area http://interactive.web.insurance.ca.gov/webuser/idb_cojprof_utl.get_co_pr... 08/29/2006 Company Profile Page 2 of 2 Financial Ratine, Organizations Last Revised - August 17, 2006 07:15 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 08/29/2006 I I i I 1 I I I GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/0 Contract No. PWS06-30STS Page 18 of 99 Pages I I Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. 1 I 1 1 1 I Revised 10/08/0 Contract No. PWS06-30STS Page 19 of 99 Pages 1 I I 1 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID STEMS SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAfR CONTRACT NO. PWS06-30STS The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS I I 1 1 Portion of Work* s~ (^ <*«£,} Subcontractor Name and Location of Business Subcontractor's License No. and Classification Amount of Work by Subcontractor in Dollars* Page.pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/0 Contract No. PWS06-30STS Page 20 of 99 Pages i •^1 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. S I ~ cry 1 i _^ i Revised 1 0/08/0 Contract No. PWS06-30STS Page 21 of 99 Pages I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. 1 Date Contract Completed i_ 04-- Name and Address of the Employer f | /^ *r- 1 Ti Name and Phone No. of Person to Contract ^- a n-os c*— P Type of Work Amount of Contract i I Revised 10/08/0 Contract No. PWS06-30STS Page 22 of 99 Pages I I I I I I 1 I I I I I I I I BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/0 Contract No. PWS06-30STS Page 23 of 99 Pages ACORD. CERTIFICATE OF LIABILITY »RODUCER reagiae Insurance.- 'Agency, Inc.. License 4052551-2.- ' : 4Jj^ Spring' St. , :4'th Floor'' [••asa CA :?194i. KTOne: 619-Xl64^6&5'i. :'Fax:' 61 9- 4 6 4>-l 901 NSURED" Tri-'Grbup :Cpns:fcr.uc''t:ipri .-and Devel-op'ment'., ' 'Inc.. 139'43- .PbwaV."-Rd, Ste B'. Pbway' CA. 92064' ' ' INSURANCE -taPF ***•'• *VTElMMAJD/YyTY) 07.-/06'X06 THIS:CERTIF:ICATE IS JSSUED.AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON'THE: CERTIFICATE HOLDER. THIS CERTIFICATE. DOES:NOT AMEND, EXTENDER ..ALTER THE GOVERAGEA'PFORDEli BY THE P.OLICIES:BELOW, INSURERS AFFORDING COVERAGE iNsiiRER-A'1 landmark . American- 'Ins -'Go. INSURER'S:- 'Ht.. Hawie'y Insurancis INBIIRER.'C: INSURER.D; INSURER-EL NAIC# COVERAGES THE;POLICIES OF iNSUR^CeUSTED-BELOVV-mVE-BEEN ISSUpD.fG'T^E.INSUREpWAM T.T.ERM'.O'ft'C'Oi^bJTlpN'bP^ ''''''Eiy''tH'E>'OLICI^ tiWE:BEENREO^ BIT" .TR A. j) •:B 5.DD.V NSRD X ^*1 TYPE OF'INSORANCE GENERAL LIABILITY X.COMMERCIAL GENERAL UAeiUT.Y- :OAIMS;MADE X OCCUR 'GEN'L AGGREGATE LiMlT'APPLIE'S'pefi.Y n'(— — I .PRQ. ' r 1 :POUCY- |X- I'jECr1 | j-'Ubcr AUT fUi. OWNED AOIOS' SCHEDULE'D AUTOS ' MRED'-AU'TO'S NON-bw^ED AUTOS • OARAOE'LIABILIT.Y' •ANY'AUT.O EKCESSAJMBRELLA'LIABIUTY X' [ OCCUR- | ('CLAIMS MADE:' X •DEDUCTIBLE 'RETENTqN $ 1:0.,.0'00 ' WORKERS 'COMPENSATION' AN'O' EMPLOYERS: .LiABiLrrY' .••AW.PROPRJ6T'QR/PAR'TNER/EXE,bUTlVE; B.yes, descnDe.upder. SPECIAL PROVISJON'S' beJow OTHER POLICYNOMBER I.HM330073. :.3MXt.6.364:401. POLICY-EFFECTIVE DATE (MM/DD/YY)" :o 6/2:8 /:o.'6 °mem POLICY 'EXPIRATION ;'DAT.E-'(MM/DD/YY1' D6/28.7.67 wave, ; LIMITS EACH:OC.C.URR6NGe. pR>Mlls!(e?octu>encE)- ^1ED.6XP-{Any:One person) PBRSQNAL & 'ADV. INJURY GENE RALA'G'G.Re GATE PRaOUCTS,;COMP/pP'AGG' C'6'MBINED'.Sl'NG'LE..'L'tMlf" (•Ea'agcldent.). SboiLy INJURY (Rer-'p'efson) aoblLYiNJURY (Per-accldent) [P'S'r .accident) Axjf6 ONLY. .-'eX ACQIDE'NT OTHFR THAN -E*.'*?^ AUTO .ONLY;. ' AGG. EACH.peCURRENCE . A'GGReG'AT€ 'Wb'teMtt/--- . ow •T.ORY-LIMI-TS- . . E.R E.L...-EACH'ACCIDENT' E'L..'DiSEASE.-eA EMPLOYEE. E'LlDi'sEASE ,p6ucv LIMIT: s 1.,. 0.0. 6-, ,000 •f 50,000 > 5'..,. 6.6 6: j. i,.6oo., ooo f. 2',000.:,.000 $ 2..,,000:,'0bd. s -s s •5 ;.$ :i J :s 3 :..,.. 00 a, 000 •.s 3rOO.O.,:000 .5 J :j .$• •S :s JESCRIPT10N OF OPERATiqNSy.LOCATIONSV.VEHlCLEBV'EXCL'UBIpNB^ADDEp.BY^NDDRSEMENT/SP.ECWL PROV.ISIONS. CERTIFICATE HOLDER..CANCELLATION -_- City of Carlsbad •jjfg Purchasing Department "^F* 1635 Faraday Ave . Carlsbad CA 92008-7314 SHOULD ANY .OF THE ABOVE .DESCRIBED POLICIES.BE.CANCELL6D:BEFbRE.THE EXPIRATION DATE.tHlREOi'.IHE'lSSlllNd.lNSORER'.'WlLL'EKl'DEAVOR.T'O'MAlL. 30' .OAYS WRITTEN •'NOTICE TO/THE -CER'TiKlC'AT'E HOLDER NAM'ED'TO.THE;LEF-T,"BUT'FAILURE TO'DO'SO SHALL •IMPOSE NO OBLi6ATIb'N"6'R'UABILITY OF ANY:klND'UPON THE INSURER; ITS'AOENTs" OR REPRESENTATIVE'S-. . AUTHORIZED RIJBWiBENTATIVE ^CORD25 (2001/0"8).;®..AC'OR'D-CORPORATION 191 'ACORD CERTIFICATE OF LIABILITY INSURANCE *££?* T^Z PRODUCER league Insurance Agency, Inc. License #0525512 4700 Spring St., 4th Floor g£ Mesa CA 91941 •Rone: 619-464-6851 Fax:619-464-1901H^ INSURED Tri-Group Construction andDevelopment, Inc.13943 Poway Rd . Ste BPoway CA 92064 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: American States Ins . Company INSURERS: INSURER C: INSURER D: INSURER E: NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSK IfcDD'L LTR )NSRC A X L- TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE | ] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: ~H POLICY) |jpERc°f I ILOC AUTOMOBILE LIABILITY ~xH ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER 01CG4411383 POLICY EFFECTIVEDATE (MM/DD/YY) 10/15/05 TSOLICYTXPIRATIONDATE (MM/DD/YY) 10/15/06 LIMITS EACH OCCURRENCE UAMAUt IU KhNIbUPREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY(Per accident) PROPERTY DAMAGE(Per accident) AUTO ONLY - EA ACCIDENT OTHFR THAN EA ACC AUTO ONLY: AG(, EACH OCCURRENCE AGGREGATE WCyiATU- OTH-TORY LIMITS ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $ $ $ $ $ $ s 1,000,000 $ $ $ $ $ J $ s s $ $ $ $ $ CERTIFICATE HOLDER CANCELLATION m ACORD 25 (2001/08) City of Carlsbad Purchasing Department 1635 Faraday Ave . Carlsbad CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDBfPRESENTATIVE ^ A^^/fa —r^^Z^-c^- ©ACORD CORPORATION 1988 From: Stephanie Calhoun At league Insurance FaxSD: To: Attn: Han: Assi . Date: 12^29/06 02:43 PM Page: 3 of 4 LANDMARK AMERICAN INSURANCE COMPANY This Endowment Ch&ng&s The Po/fcy, Pfeas© Raatf ft GareMly. WAIVER OF TRANSFER OF OF RECOVERY AGAINST OTHERS TO US Th§s endorsement modifies insurance provided under tie following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract Th0 following Is added to SECTION IV - CONDITIONS, B. T8AMSFER OF RIGHTS OF RECOVERY AGAIMSTOTHERTOUS: We waive any right of recovery we may have against the person or organization.shown In the SCHEDULE above because of payment we make for injury or damage arising out of "your product* or "your work* dons under a written contract with that person or organization and included In the "product-completed operations hazard". This waiver applies oniy to the person or organization shown In the SCHEDULEabove. This endorsement effective G8/2S/2008forms part of Policy Number LHA1 30079 Issued to TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. by Landmark American insurance Company 20 RSQ 14048 0903 ncludes 'eowtoama wits Its permission. Prom: Stephanie Caihoun At: T~gu* ln.ur.nce FaxlO: To: Ait.: Han: Assi D** 1 2/29/06 02:43 PM Page: 4 of 4 LANDMARK AMEmcm INSURANCE COMPANY • i v This gntfofsement Changes Th® Policy. Pleas® R&sd ft Carefully. ADDITIOMAL INSURED This endorsement modifies fnaurarice provided undar the following: COMMERCIAL ©ENERAL LIABILITY COVERAGE FORM SCHEDULE Mum® of Psrfien Any parson or GfgsfiSzsiSon to whom or to which you are obligated by virtue of a written contract or by issuance or existence stf a written permit, to provide insurance sudrt as is afforded by this poitey. (if no entry appears above, Information required to complete this endorsement wB! be shown in Sie Decisratons as appiicabla to Wile SECTION R - WHO 18 AN INSURED is amended to Indude as an Insured 810 person or organization shown in the SCHEDULE, but only with rasped to liability arising out of "your work" for that Insured by or for you. If you ere required by a written contrast to provide primary insurance, thte policy shall &e primary as respects to your nsgtigene® and SECTIOM IV - COmmmCW. QEMERAL LIABILITY COMD3TIOI4S, 4. Oft»r insurance does not apply, but only with respect to coverage provided by frfo policy. .forms part of Policy Nurobar LKA1 30078 feeuscS to TRI-43ROUP CONSTRUCTION AMD DEVELOPMENT, INC. by Landmark -Amertatn insurance Compeay EndowementNo^ 01 RSG 15001 0306 ndooqp^Mta^^mwt^^ COMPENSATION INSURANCH FUND CERTHOLDER COPY so P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07-27-2006 GROUP: OOOO48 POLICY NUMBER: 0011914-20O6 CERTIFICATE ID: 78 CERTIFICATE EXPIRES: 05-01-2007 05-01-2006/05-01-2007 CITY OF CARLSBAD 405 OAK AVE CARLSBAD CA 92008 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. r^wviM- Vy4^j+*jS ;PRESENTATIVE^JUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - GHASSAN A ASSI PRESIDENT - EXCLUDED. ENDORSEMENT #1800 - HANI A ASSI TREASURER SECRETARY - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006-05-01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF SAN DIEGO r EMPLOYER TRI-GROUP CONSTRUCTION & DEVELOPMENT, INC. 13943 POWAY RD STE B POWAY CA 92064 [RR1.CN] (REV.2-05) PRINTED : 07-27-2006 I I i I I 1 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment I BY CONTRACTOR: By: TRI-GROUP CONSTRUCTION AND DEVELOPMENT !NC- (name of Contractor) (sign here) e\t-\ T: (print name/title) Page./o,_/ pages of this Re Debarment form Revised 10/08/0 Contract No. PWS06-30STS Page 24 of 99 Pages 1 1 I 1 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? 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 had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) / >Page ' of " pages of this Disclosure of Discipline form Revised 1 0/08/0 Contract No. PWS06-30STS Page 25 of 99 Pages I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) • SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS 1 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to,8 describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. 1 I I i I (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: TRI-GROUP CONSTRUCTION AND DEVELOPMENT INC. (name of Contractor) By: (sign here)' (print name/title) Page ^— of ^— pages of this Disclosure of Discipline form ? Revised 10/08/0 Contract No. PWS06-30STS Page 26 of 99 Pages I I I I I I I I I I I I I I ^ I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS State of California County of ) \ gg and says that he or she is (Name of Bidder) S>"=^- , being first duly sworn, deposes «=?£• of TRI-GROUP CONSTRUCTION AND DEVELOPMENT INC. (Tltle) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the ^ -K> day of ^^ G. u ^ 7— t 20 &£ . Signature of Bidder VA ^jji \ /^.s sX" Subscribed and sworn to before me on the (NOTARY SEAL) day of //MC,& Q/"t 20 G ~ — <^* - ^S - \ S. K.BROWNELL * GOWW. #1523898 S Signature of Notary SAN-WBSOCOUMW My Comm Expires tewmftef I.2008- Revised 10/08/0 Contract No. PWS06-30STS Page 27 of 99 Pages CONTRACT PUBLIC WORKS This agreement is made this (x3 day of SJ&rvy^v fXruo. , 20D*7, by and between the City of Carlsbad, California, a municipal corporation, hereinafter called "City"). and TRI-GROUP CONSTRUCTION INC. whose principal place of business is 13943 POWAY ROAD SUITE B PC-WAY CA 92064 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) Standard Specifications for Public Works Construction. 2003 Edition, and the 2004 supplements thereto hereinafter designated "SSPWC", as issued by the Southern California Chapter' of the American Public Works Association, and as- amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Revised 10/08/0 Contract No. PWS06-30STS Page 28 of 99 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 DSC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Revised 10/08/0 Contract No. PWS06-30STS Page 29 of 99 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. Revised 10/08/0 Contract No. PWS06-30STS Page 30 of 99 Pages a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. Revised 10/08/0 Contract No. PWS06-30STS Page 31 of 99 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above, --/-f/T init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. Revised 10/08/0 Contract No. PWS06-30STS Page 32 of 99 Pages 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) rnMTRAPTfSft-- ^ TRI-GROUP CONSTRUCTIONCONTRACTOR. , AND DEVELOPMENT INC. (name of Contractor) By: CITY OF the State, Mayor ATTEST: corporation of (print name and title) By: (sign here) LORRAINE M. WOOD, city cierk (print name and title) President or vice-president and secretary or assistant secretary must sign for coVp'cJralions. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/0 Contract No. PWS06-30STS Page 33 of 99 Pages California All-Purpose Acknowledgment State of California County Qf On / a. frOO b before me./>/i h) personally appeared j-4-^t\) I Q personally known. to me • L .prowsd.'to rna on the basis of satisfactory evidence • MAXINEBROWNEU. COMM. #1522749 MOTARY PUBLIC-CALIFORNIASAN DIEGO COUNTY. •to be the persan(-s^whasa nam.e^Tfe/ara subscribed to the within-. insirurn'ent and. acknowledged to rne th-ar xfe/she/they.. executed the same in^^/her/their autho- rized capacity(ias^, and • that by (^Ts^her/.their signature(s4-^n theinstrument the person(|)7Qr the en- tity upon behalf of which the persqnfsi acted, executed the instrument. WITNESS my hand and official seal. Signature" of/Notary Other Information TUiv uifornvaciou is aat required by state Law. but is Uciptul m prcvc;uiatj fraud. Type of Ackowledgment: Q Individual Q Corporate Q Paruasrship Q A.ttorney-iii-faet •Q Other: Document Identification: Name/Type: Dace: Odier Info: Journal Entry #: Signer InformatiQ.a Name-: Capacity (if co.rpQi"ats): • QlQQi Gulden Stale NuUi'y (333) ZSJ-1977 Premium Is For Contract Term BOND N0 • 2064837 And is Subject To Adjustment PREMIUM: $8,008.00 Based On Final Contract Price FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-316, adopted November 7, 2006, has awarded to TRI-GROUP CONSTRUCTION AND _ (hereinafter designated as the "Principal"), a Contract for: ^VJSLUFMENT, INC. SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents. now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WETRI-GROUP CONSTRUCTION ^D DEVELOPMENT, INC. gs prjndpa|) (hereinafter designated as the "Contractor"), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY _ _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Four Hundred Sixty Seven Thousand One Hundred Ninety Two Dollars ($467,192.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the fece amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/0 Contract No. PWS06-30STS Page 36 of 99 Pages No. 5193 I/•I//iIrit.•IIl ii il i/lt ii tI I. before me,. DATE personally appeared [X| personally known to me - OR -1 DEBORAH D. DAVIS COMM. #1412744 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyComm. Exp APRIL 21, 2007 DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" KAREN JEAN HALL NAME(S) OF SIGNER(S) ' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION i OPTIONAL SECTION i CAPACSTY CLAIMED BY SIGMER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Q INDIVIDUAL Q CORPORATE OFFICER(S) TITLE(S) Q PARTNER(S) n LIMITED Q GENERAL 0 ATTORNEY-IN-FACT n TRUSTEE(S) Q GUARDIAN/CONSERVATOR PI OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE ^ In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 6TH day of.DECEMBER .,20.06 CONTRACTOR: TRI-GROUP CONSTRUCTION AND DEVELOPMENT. INC. (name of Contractor) By: '(sign here) (print name here) (Title" aric^Ofganization of Signatory) Byr «'-: (sign here) (print name here) Executed by SURETY this 6TH day of DECEMBER 2Q °6 SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name of Surety) 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 (address of Surety) 714/550-7799 (telephone number of Surety) By: (signature of Attjarney-in-Fact), KAREN JEAN HALL, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Revised 10/08/0 Contract No. PWS06-30STS Page 37 of 99 Pages California All-Purpose Acknowledgment State of Californi County of On d before me, personally appeared COMM. #1522749/•JOTARYPOBUC-CAUFOnNlA ^SAN DIEGO COUNTY Si^Comm. Expires 0«ober29,2008w-' •->-~r-% Q personally known. to me • proved .'to me dn the basis of satisfactory evidence to be the personfs^whose nam.el(s)(i5/are subscribed ta the withirv instrurnent and. acknowledged to me th-at" /she/they.. executed the same iiyl^'/her/their autha- nzed capacityfi-e^), and that by <^f]Ts/her/.tneir signature(S,)__on the instrument the personfs), ar the eri- tity upon behalf of which the persqn^acted, executed th=> instrumentLn- inscrument. WITNESS my hand and official seal. Signature of Notary Other Information Uti" LAfarauiciau a QQ( required by slacc taw, hu( us hclptiil m Type of Ackovvledgment: Q Individual Q Corpoi-ate Q Partaerstup Q Attocaey-ui-fact •.Q Other: Document Identiiication: N ame/Typ e : Dace: / £L/ & Jo 6 Other Info: of Pages: Journal Entry #: Signer Inforraatio-a Name- Capacity (if corporate)^ QlQOi Gulden State NuUr/wvJW.Guld=nSc;uciNue;iry.cuin (333) 1SJ-1977 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JOHN MALONEY, HELEN MALONEY, MARK D. IATAROLA. KAREN JEAN HALL and MATTHEW C. GAYNOR JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By.4^*%$% 13;' SEAL "^1 = £:.%, 1973 «,.:nitt&. S-;S§ Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & Vice President of North American Specialty Insurance Company By. David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty lasurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of June State of Illinois County of Du Page North American Specialty Insurance Company Washington International Insurance Company On this 28th day of June 2006 , before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. SUSAN ANSEL ttotayPiiWfc, Stale dJfroo MyConmlrtiCKi fibres 7H303 I, James A. Carpenter , the duly elected Assistant Secretary Susan Ansel, Notary Public . of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this6™ day of DECEMBER 2Q :°6. James A. Carpenter. Vice President & Assistant Secretary of Washington Iniemationa! Insurance Company & North American Specially Insurance Company BOND NO. 2064837 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-316, adopted November 7, 2006, has awarded to TRI-GROUP CONSTRUCTION AND .(hereinafter designated as the "Principal"), a Contract for: DEVELOPMENT , INC . SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE. TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. as Principal, (hereinafter designated as the "Contractor"), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of Four Hundred Sixty Seven Thousand One Hundred Ninety Two Dollars ($467,192.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. A Revised 10/08/0 Contract No. PWS06-30STS Page 34 of 99 Pages CALIFORNIA ALL-PURPOSE No. 5193 State of_CALIFORNIA County of.SAN DIEGO On 12/6/2006 DATE before me,. personally appeared 0 personally known to me - OR -1 DEBORAH D. DAVIS COMM. #1412744 ,NOTARY PUBLIC-CALIFORNIA oj SAN DIEGO COUNTY MyComm Exp APRIL 21,2007 DEBORAH D. DAVIS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" KAREN JEAN HALL NAME(S) OF SIGNER(S) ' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION |gp^ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Q INDIVIDUAL Q CORPORATE OFFICER(S) TITLE(S) Q PARTNER(S) Q LIMITED Q GENERAL [X] ATTORNEY-IN-FACT Q TRUSTEE(S) Q] GUARDIAN/CONSERVATOR n OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, NUMBER OF PAGES DATE OF DOCUMENT. SIGNER(S) OTHER THAN NAMED ABOVE. 1 / I/ I I / II ( (I I ( I / I I I In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 6TH day of.DECEMBER .,20.06 CONTRACTOR: TRI-GROUP CONSTRUCTION AND DEVELOPMENT, INC. (name of Contractor) By: -"(sign here) (print name here) (title and organization of signatory) (sign here) (print name here) Executed by SURETY this. DECEMBER 6TH .day of .,20.06 SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (name of Surety) 701 SOUTH PARKER STREET, SUTIE 3800 ORANGE. CA 92868 (address of Surety) 714/550-7799 ;-. ..,^ jlephone number of Su/ety) >—OS /?/!_«_, (signature of Attorney-in^Fact) - ^" 5 KAREN JEAN HALL, ATTORNEY-IN-FAt'T " £ (printed name of Attorney-in-Fact) v- '"" (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: /\ Deputy City Attorney Revised 10/08/0 Contract No. PWS06-30STS Page 35 of 99 Pages California All-Purpose Acknowledgment State of California County Q-ss. On before me. personally appeared E>&OU)A/ELL. r5 £> I t/ MAXINE BROWNELL* COMM #1522749 JS NOTARY PUBUC-CAIJFORNIA s2 . .SAN DIEGO COUNTY SJ%0gnm-EmpiresOgobgf29.2008 ^N&-—<ir" Hj3>'i ^, • i^^i-^—,^jj_|Aj^i__-r--|t Q personally known.to me • "^L .proved.'to me on'the basis of satisfactory evidence . -to be the person^) whose narne^Xjj/ara subscribed to tha within- instrum^ni: and.acknowledged to rrie that" (tfe^she/they..executed the same ifvffil/her/their autho- rized capacity(ias), and • that—"by (^fs/her/.their signature(s^n the instrument the person(S), or the en- tity upon behalf of which the persqn(sj acted, executed the instrument. WITNESS my hand and official seal. Signature of/Notary Other Information Uii" iixfaraincioii is QQI ccquircd by stacc law, hut ii hclptxit ia prcvcn.Ciatj fraud. Type of Ackowledgment: Q Individual Q Corporate Q Partaership Q Attoraey-ui-fact -.Q Other: 'Document Identification: _ Dace: j ^ J / d~ / O of Pages: Q cher Info: Jouxaal Entry #: Signer Inform a tio-n Name: Capacity (if cu.rporate):_ Gulden Scale (333) 2SJ-1977 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JOHN MALONEY, HELEN MALONEY, MARX D. 1ATAROLA, KAREN JEAN HALL and MATTHEW C. GAYNOR JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amountof: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By. SEAL -1973 Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & Vice President of North American Specialty Insurance Company By. David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty lasurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28th day of June ; 20^6 , State of Illinois County of Du Page North American Specialty Insurance Company Washington International Insurance Company ss: On this 28th day of June 2006 , before me, a Notary Public personally appeared Steven P. Anderson . President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. lOPHOALSEAX," SUSAN ANSEL Hetty PUWfc. State of IMS Susan Ansel, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this6TH-.day of DECEMBER ; 2oP6 . James A. Caipenler. Vice Presideni & Assisiam Secretary of Washington International Insurance Company & North American Specialty Insurance Company OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for FAC 04-06, Facilities and Parks Concrete Replacement in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent Revised 10/08/0 Contract No. PWS06-30STS Page 38 of 99 Pages shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City:Title FINANCE DIRECTOR Name Signature. For Contractor: Address 1635 Faraday Avenue. Carlsbad. CA 92008 Title Name. Signature. Address For Escrow Agent:Title Name Signature. Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/0 Contract No. PWS06-30STS Page 39 of 99 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature. Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature Address _ Revised 10/08/0 Contract No. PWS06-30STS Page 40 of 99 Pages «|3yNa^pSW«Wll«S'iSJSSrsSi8i*i«4BJia<SfW July 27, 2006 ADDENDUM NO. 1 RE: SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR BID NO. PWS06-30STS, CONTRACT NO. Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. A/IS Buyer Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue «» Carlsbad, CA 92008-7314 « (76O) 602-2730 « FAX (760) 6O2-8562 July 26, 2006 TO: Buyer FROM: Public Works Supervisor, Contracts and Agreements CONTRACT NO. PWS 06-30STS SUMMER 2006 CITYWIDE CURB, GUTTER, SIDEWALK REPAIR REQUEST FOR ADDENDUM #01 Please prepare Addendum #01 to the contract covering the following issues: • ITEM NO. 1 GENERAL PROVISIONS SECTION 2-5.1 - PLANS AND SPECIFICATIONS (Page 44 of 99) Section 2-5.1 Delete the following: The construction plans consist of one set. The first set is designated as City of Carlsbad Drawing No. DWG 418-3L and consists of one sheet. Replace with the following: No City of Carlsbad drawings are a part of this contract. DALE A. SCHUCK Public Works Supervisor, Contracts and Agreements c: Public Works Manager Street Superintendent Public Works Supervisor-Streets File Addendum #1 PWS06-30STS Summer 2006 Curb, Gutter, Sidewalk Repair SUPPLEMENTAL PROVISIONS FOR SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR CONTRACT NO. PWS06-30STS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. Revised 10/08/0 Contract No. PWS06-30STS Page 41 of 99 Pages City Council - the City Council of the City of Carlsbad. /-^ , /City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee ,^ of the Agency or a public utility. ' j Deputy Public Works Director, General Services- The Public Works Supervisor's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Public Works Supervisor - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building band Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric G Gas gal Gallon and Gallons ^~~\ Gar Garage and Garages ^ GNV Ground Not Visible Revised 10/08/0 Contract No. PWS06-30STS Page 42 of 99 Pages gpm gallons per minute IE Invert Elevation LCWD Leucadia County Water District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawing SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 10/08/0 Contract No. PWS06-30STS Page 43 of 99 Pages The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC). Standard Specifications for Public Works Construction. 2006 Edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one set. The first set is designated as City of Carlsbad Drawing No. DWG 418-3L and consists of one sheet. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Revised 10/08/0 Contract No. PWS06-30STS Page 44 of 99 Pages Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1 ) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: _ Title: _ ____ Date: _ Company Name: _ 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. Revised 1 0/08/0 Contract No. PWS06-30STS Page 45 of 99 Pages 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. Revised 10/08/0 Contract No. PWS06-30STS Page 46 of 99 Pages 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the wcrk giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. Revised 10/08/0 Contract No. PWS06-30STS Page 47 of 99 Pages "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: . Date: : Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Streets Supervisor 3. Public Works Manager 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 10/08/0 Contract No. PWS06-30STS Page 48 of 99 Pages All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. Revised 10/08/0 Contract No. PWS06-30STS Page 49 of 99 Pages (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 10/08/0 Contract No. PWS06-30STS Page 50 of 99 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Revised 10/08/0 Contract No. PWS06-30STS Page 51 of 99 Pages Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 30 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Revised 10/08/0 Contract No. PWS06-30STS Page 52 of 99 Pages Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes removal and replacement of existing concrete surface improvements in multiple areas in the City of Carlsbad. The Contractor is advised to consult the Special Construction Provisions of these specifications for actual locations, dates that work cannot be performed and the actual scope of work, payment methods and approximate quantities for individual locations. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 90 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Revised 10/08/0 Contract No. PWS06-30STS Page 53 of 99 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred fifty dollars ($250.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred fifty dollars ($250.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. Revised 10/08/0 Contract No. PWS06-30STS Page 54 of 99 Pages 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity" Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. Revised 10/08/0 Contract No. PWS06-30STS Page 55 of 99 Pages The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24 hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. card stock. The printing on the notice shall be no smaller than 12 point. An example of such notice is provided in Appendix "A". In addition to the notifications, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following : 1) The Engineer (760)438-1161 X-4411 2) Carlsbad Fire Department Dispatch (760) 931-2197 3) Carlsbad Police Department Dispatch (760) 931-2197 4) Carlsbad Traffic Signals Maintenance (760) 438-2980 X-2937 5) Carlsbad Traffic Signals Operations (760)438-1161 X4500 6) North County Transit District (760) 743-9346 7) Coast Waste Management (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1999 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Revised 10/08/0 Contract No. PWS06-30STS Page 56 of 99 Pages Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.Let seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than. 1.8 m (6')), nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the shy distance, eg. 0.6 m (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of two paved traffic lanes, not less than (12') wide, shall be open for use by public traffic in each direction of travel. Revised 10/08/0 Contract No. PWS06-30STS Page 57 of 99 Pages Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS "Manual of Traffic Control", 1999 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1999 Edition as published by the State of California Department of Transportation. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. Revised 10/08/0 Contract No. PWS06-30STS Page 58 of 99 Pages Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES. Add the following: No field office for Agency personnel is required. SECTION 9 -- MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. Revised 1 0/08/0 Contract No. PWS06-30STS Page 59 of 99 Pages If payment of the undisputed supplemental payment request is not made within thirty (30) days after ^—^ receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate J set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Revised 10/08/0 Contract No. PWS06-30STS Page 60 of 99 Pages Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/0 Contract No. PWS06-30STS Page 61 of 99 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200-2 - UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Operating Sieve Sizes Range Range 2" 100 — 11/2" 90-100 — 1" — 100 3/4" 50-85 90-100 No. 4 25-45 35-60 No. 30 10-25 10-30 No. 200 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Min. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. Revised 10/08/0 Contract No. PWS06-30STS Page 62 of 99 Pages If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Concrete Class 330-C-23 (560-C-3250) (1) Maximum Slump mm (Inches) 100(4") (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201 -1.1.2(A) SSPWC. (2) As per Table 201 -1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following: 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a Vz" continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Revised 10/08/0 Contract No. PWS06-30STS Page 63 of 99 Pages Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class /^~\ A, non-sag, Type II. . ) Acceptable Products: "Sonneborn NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. DELETE sections 203-6.2 and 203-6.3.2 and ADD the following: 203-6.1 General. Add the following: The Contractor shall submit a design mix report and verification data for review by the Engineer for each source of supply and type of mixture specified. The design mix report shall indicate the results of all testing requirements identified in sections 203-1.2 and 203-6.3 of the standard specifications for public works construction and these special provisions. Revised 10/08/0 Contract No. PWS06-30STS Page 64 of 99 Pages 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR-4000 for surface course, and B-AR-4000 for base course. Asphalt concrete shall be class D2-AR-8000 for dikes and class E-AR-8000 ditches. 203-6.3.2 Composition and Grading. Add the following: Evaluation of asphalt concrete shall be determined from samples of asphalt concrete taken after completion of all processing (Wet Mix) or by core sample analysis of the in-place asphalt concrete or by direct central plant inspection that confirms the production of a particular mix design and verifies using samples of aggregate taken before the addition of asphalt and mineral filler (Bin). All samples shall be taken in accordance with Calif. Test 125. When Wet Mix or Core samples of asphalt concrete are to be used for evaluation, sufficient size samples shall be taken to ensure representative and adequate quantity of material for: 1. Asphalt Content and Gradation of Extraction using Calif. Test 382 or ASTM 2172, and Calif. Test 202. 2. Stability1 using: a. Stabilometer Value2 using Calif. Test 366 and shall be the average of three individual Stabilometer Values And/or b. Marshall Stability in accordance with the Asphalt Institute's MS-2 fabricated and tested for traffic volume and shall be the average of three specimens. Stability will be waived provided the extracted asphalt concrete is within +/-.5 of mix design and the extracted gradation complies with Table 203-6.3.2 (A). 2Use Marshall Stability when the deviation between individual Stabilometer Values are greater than +/-4. When using core sample analysis, the samples must be properly prepared to safeguard against influx of outside contaminates and so that the cut surfaces do not influence the test results. The amount of asphalt binder used in asphalt concrete placed in dikes, gutters, gutter flares, overside drains and aprons at the ends of drainage structures shall be increased one percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt concrete placed on the traveled way. 203-6.3.3 Acceptance. Wet Mix or Core sampled asphalt concrete will be considered in conformance with the mix design when the asphalt content is within +/-.5 of the design mix and the gradation conforms to the grading as shown in Table 203-6.3.2 (A). Deviations in gradation may be considered in conformance with the mix design provided the stability of the completed mix complies with the requirements for Stabilometer Value per Table 203-6.3.2 (A) Marshall Stability using Asphalt Institute MS-2. Plant inspected asphalt concrete will be considered in conformance with the mix design when visually inspected and the combined gradation of the Bin samples show conformance to the grading as shown in Table 203-6.3.2 (A). Revised 10/08/0 Contract No. PWS06-30STS Page 65 of 99 Pages 203-6.6.2, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete "and from the Engineer's field laboratory". Last paragraph, add after D 2172: "method A or B." 203-6.7 Asphalt Concrete Storage, add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. 212-1 LANDSCAPE MATERIALS. Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than 1m (39") in width. Root barriers shall be "Biobarrier", as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 615-847-7000, or approved equal. SECTION 213 - ENGINEERING FABRICS 213-2GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Subsurface Aggregate Drain Reinforcement of Structural Section (Concrete) Remediation and Separation of Soil Reinforcement of Soil Type Designation 180N 200WS 270WS 270WS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 10/08/0 Contract No. PWS06-30STS Page 66 of 99 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefor shall be made to the Contractor. 300-1.1 General, add the following: All clearing and grubbing, including the removal of cleared and grubbed materials, must be completed and the resultant surface made available for measurement by the Engineer prior to the Contractor staring ^ any unclassified excavation. The Contractor shall notify the Engineer three (3) working days prior to completing clearing and grubbing and the removal of all deleterious material from the site. The Engineer intends to schedule and perform field survey and/or aerial photography of the entire site (for the following working day) (within 1 day of such notification). If the Contractor has not removed all deleterious material from the entire site by the day before the scheduled field work and/or photography, the field work and/or photography will be cancelled and not rescheduled until the Contractor has completed removing all material from the entire site. The Contractor shall not be entitled to any additional compensation or extensions in time if the field work and/or aerial photography is cancelled due to the Contractor not completing clearing and grubbing and removal operations as scheduled. If the entire site cannot have field work performed and/or be photographed because of weather, poor visibility or adverse flight conditions the Contractor will be entitled to a corresponding time extension but not entitled to any additional compensation due to the delay. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be made at the bid item price for removal and replacement of concrete within the project limits, and no other payments will be made. Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the bid item for concrete removal, and no additional payment will be made. Revised 1 0/08/0 Contract No. PWS06-30STS Page 67 of 99 Pages 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for concrete removal, all cut and fill including removal and recompaction of unsuitable soil, removal and disposal of roots, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation materials the Engineer determines as unsuitable for re-use shall be removed from the site and legally disposed of by the Contractor. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 Instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.8 Measurement, delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the otans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. Revised 10/08/0 Contract No. PWS06-30STS Page 68 of 99 Pages 300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be made at the unit price bid in the proposal. Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer. The Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (3') of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefor. Revised 10/08/0 Contract No. PWS06-30STS Page 69 of 99 Pages 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, "California Storm Water Best Management Handbook, Construction Activity", March 1993 edition as published by the Storm Water Quality Task Force. The Contractor shall maintain a copy of the "California Storm Water Best Management Handbook, Construction Activity", March 1993 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods. b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefor. Revised 10/08/0 Contract No. PWS06-30STS Page 70 of 99 Pages SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. Add the following section: 302-9 ASPHALT PAVEMENT REPAIRS AND REMEDIATION Add the following section. 302-9.1 General. Asphalt pavement Repairs and Remediation shall consist of the repair and restoration of existing asphalt pavement. Repair of asphalt pavement shall consist of the saw cutting, removal and disposal of existing asphalt pavement in conformance with section 300-1.3, compaction of existing subgrade in conformance with section 301-1, grading and compaction of base material in conformance with section 301-2, application of grade SS-1h emulsified asphalt and the placement of asphalt concrete base and wearing courses as specified herein. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Marking W s RW Revised 10/08/0 Contract No. PWS06-30STS Page 71 of 99 Pages 303-5.9 Measurement and Payment, add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Concrete Removal, and no additional payment will be made. SECTION 313 TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-2 TEMPORARY TRAFFIC CONTROL. Add the following section: 313-2.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 313-2.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary traffic pavement markers, temporary channelizers, temporary signing, appurtenances thereto shown on the plans or required in the specifications are a part of the bid item for associated concrete removal and replacement and payment therefor shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, installing, maintaining, and removing temporary traffic pavement markers, channelizers, signing and appurtenances, complete in place, as shown on the plans, as specified in the Standard Specification and these special provisions, and as directed by the Engineer. Revised 10/08/0 Contract No. PWS06-30STS Page 72 of 99 Pages SUPPLEMENTAL PROVISIONS FOR SUMMER 2006 CITY WIDE CURB, GUTTER, SIDEWALK REPAIR PWS06-30STS PART 4, SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory removal and replacement of all concrete, reinforcing steel, asphalt and subgrade materials as specified in this section or on the drawings. The work shall consist of removing, and replacing concrete surface improvements as detailed in these specifications. Contractor is advised to read these requirements carefully and bid the job according. The work shall consist of saw cutting, removal, disposal of existing concrete surface improvements. Removing base materials to the depths specified herein or as shown on the Construction Drawings. Specific Construction requirements are detailed in Section 2 Worksite of these Special Construction Provisions. 2. Work Sites The Contract work site is located in several locations in the City of Carlsbad as shown in the Appendix, or as shown on the Construction Drawings. Quantities listed are for informational purposes only. Actual quantities shall be verified in the field. 1. Citywide Flatwork, Curb, Cross Gutter and Pedestrian Ramp Replacements. The Contractor shall saw cut the existing damaged surface improvements to the limits marked by the Public Works Supervisor or his authorized representative. Curb, Curb and Gutter and Cross Gutter replacement requires saw cutting a slot in the adjacent asphalt a minimum of 8-inches from curb face or edge of gutter, and replacing this asphalt as a part of the bid item for Curb R&R, Curb and Gutter R&R and Cross Gutter R&R. The Contractor shall remove and legally dispose of all concrete and asphalt. The Contractor shall provide all necessary equipment tools and labor to process and compact the top 6-inches of sub-grade to 95% relative compaction for curb, curb and gutter, and cross gutter replacement and 90% relative compaction for all other flatwork replacement. Processing includes moisture conditioning of the existing sub-grade. In the event that unsuitable sub-grade materials are encountered, the Contractor shall notify the Engineer or his authorized representative and request an inspection of the area. Revised 10/08/0 Contract No. PWS06-30STS Page 73 of 99 Pages Unsuitable materials removal will be paid pursuant to the bid item for Unclassified Excavation as directed by the City. In the event that the Public Works Supervisor or his authorized representative request the installation of geotechnical fabric, the Contractor shall install geotechnical fabric as directed by the City. Geotechnical fabric installation will be paid for pursuant to the bid item for Installation of Geotechnical Fabric on a Square Foot Basis. In the event that objectionable roots are discovered, the Contractor shall notify the Engineer or his authorized representative and request an inspection of the area. Root removal will be paid pursuant to the bid item for Unclassified Excavation as directed by the City. The Public Engineer or his authorized representative may require the installation of root barrier material at the edge of replacement flatwork or curb. In that event, the Contractor will be paid for the installation of root barrier materials pursuant to the bid item for Installation of Root Barrier per linear foot as directed by the city. In the event that the Contractor is directed to remove existing unsuitable base for any of the above stated reasons in Item Number 5, the contractor will install, moisture condition and compact Class II Base materials in accordance with the Contract Documents and as directed by the Engineer or his authorized representative. Installation of Class II base material will be paid pursuant to the bid item for Class II Base installation per cubic yard as directed by the city. Work Locations are as detailed on the Appendix at the end of this section. Contractor is to bid this item as appropriate and in conformance with the Bid Documents. Bid Item includes all materials and work as described in this Section and as detailed on the Contract Drawings. Bidders shall review the project site prior to submitting a bid. If the Contractor intends to submit alternative equal products for this work, Submittals must be delivered to the project manager a minimum of 14 Calendar Days prior to Bid Opening. If the Contractor fails to provide alternate product Submittals per this Section, the Contractor agrees to provide the specified materials and no substitutions will be allowed. The Contractor agrees that the City of Carlsbad shall be the sole judge of the acceptability of alternate product acceptability. 3. Construction Plans (Drawings) There are no separate Construction Plans for this project. Concrete improvements shall be removed and replaced in kind in accordance with SDRSD as modified by the City of Carlsbad standards. 4. Notice of Award and Notice to Proceed Upon Notice of Award, Contractor is hereby authorized to execute Contract and secure Performance and Payment Bonds and Certificates of Insurance. Upon execution of Contract by Owner, Contractor is authorized to begin document submission, material ordering, and construction scheduling. Revised 10/08/0 Contract No. PWS06-30STS Page 74 of 99 Pages 5. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the Special Provisions. Prior to beginning construction, Contractor shall submit 24-hour emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 6. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify compliance with Contract Documents. Contractor shall perform work in a manner not to interfere with operation of said facilities. Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed weekly schedule of proposed work shall be provided to the Owner the Thursday preceding each week. 7. Permits, Licenses, Certificates, Laws and Ordinances A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. B. California Regional Water Quality Control Board, San Diego Region Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. C. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. D. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. Revised 10/08/0 Contract No. PWS06-30STS Page 75 of 99 Pages 8. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. Contractor must procure off-site storage for all materials and equipment. Payment for off-site storage is considered a part of the individual bid items and no additional compensation will be provided. 9. Earthwork and Soil Compaction Tests Earthwork shall be performed in accordance with the Basic Earthwork Specifications except as modified herein or on the Contract Drawings. A Contractor shall notify Owner when any work is complete and ready for compaction testing. After such notification, Owner will have all necessary tests made, by a Soils Engineer of his choosing, and Owner will pay for all tests that pass. Contractor shall pay for all tests that fail in the course of determining compliance of completed backfill with compaction requirements. Owner will not pay for any preliminary or progress tests; however, Contractor may do so at his own expense. Passing compaction tests will be required prior to construction of any structures. Excavation of soil and re-compaction shall be performed to provide proper foundation for structures as specified in the Contract or on the Drawings. 10. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that existing improvements including landscaping, roads and other paved surfaces adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged private or public improvements, which result from his operations to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. Revised 10/08/0 Contract No. PWS06-30STS Page 76 of 99 Pages 11. Construction Water Contractor shall obtain a water meter from Owner or serving utility and install same at locations required to perform his operations. Contractor shall pay all costs for meter and water used during construction. The Contractor is advised that this project has work areas in three water districts. Stagecoach Park is in Olivenhain Municipal Water District, La Costa Canyon Park is in Vallecitos Municipal Water District and the balance of the project is within the City of Carlsbad Municipal Water District. A separate construction meter must be procured from each agency for work within each service area. 12. Progress Schedule Contractor shall submit a schedule per the requirements of SSPWC and shall update this schedule on a bi-weekly basis. The Contractor shall provide this updated schedule to the Project Inspector on Thursday. Revised 10/08/0 Contract No. PWS06-30STS Page 77 of 99 Pages APPENDIX "A" CITY OF CARLSBAD PWGS218 2006 SUPPLEMENT TO IN-HOUSE CONCRETE REPAIRS FROM INVENTORY ASSESSMENT Grand Totals QTY DESCRIPTION 983 lin ft Curb & Gutter lin ft Gutter 76 lin ft Rolled Curb lin ft Curb 27,178 sqft Sidewalk 2,919 sqft Driveway Approach 3,861 lin ft Sawcutting 1,446 sq ft Pedestrian Ramps 252 sq ft Cross Gutter 25 sq ft D25 588 sqft Tilework Revised 10/08/0 Contract No. PWS06-30STS Page 78 of 99 Pages Xaz UJ SOO m Xo onraa. ^UJ 9 E 3 O O 5 _i. ft X H ZUl_J X 9 £o- UJ Xh-g I UJ0. : p o E 0 CO c\ X 00 o mCDCO1s- © 5 Tl 0 0 CD 0 CM X 00 o inCDCOfs. © — 1 V Ti 0 0 om 0 X in on X> © 2D D o o m CO in X m CMa>COCM 73 DC cCO a.Q_ O O Om oco X m ^.j- O)CO CM 73 -oDC cCOa.a. o o m m X m •*O)COCM 73 -oDC cCO Q.D. 0 O 00-i — OCM X m •^r COCM 73 -a cCO D. D. m o 0 m CO 0 O ,3. CO CM 73 •aDC CO a.Q. 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