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HomeMy WebLinkAboutValverde Construction Inc; 1996-11-26; 3404RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED, PLEASE MAIL TO City Clerk’s Office Space above this line for Recor Nsi;cE G& C~~”qphETi~p~ Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is Carlsbad Municipal Water District, a municipal corporation. The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was complete on April 25. 1997. The name of the contractor, if any, for such work or improvement is Valverde Construction. Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of: State of California, and is described as follows: 1995 Downtown Water Proiect. The street address of said property is within the limits of the City of Carlsbad. CARLSBAD MUNICIPAL WATER DIS <p//- __-_ WILLIAM E. PLUMMER, P.E. District Engineer VERIFICATION OF SECRETARY 1, the undersigned, say: I am the Secretary of the Board of Directors, Carlsbad Municipal Water District, 5950 El Cai Carlsbad, California, 92008; the Board of Directors of said District on 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 June 2 7 , 192, at Carlsbad, California. June 24 CMWD 88-107 Secretary 061 a CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CALIFORNIA San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR 1995 DOWNTOWN WATER PROJECT CONSTRUCTION OF POTABLE WATER MAINS IN CARLSBAD VILLAGE DRIVE, LOCUST AVENUE. HARRISON STREET AND HIGHLAND DRIVE IN THE CITY OF CARLSBAD CONTRACT NO. 3404 CMWD PROJECT NO. 88-107 CARLSBAD MUNICIPAL WATER DISTRICT 5950 ELCAMINO REAL CARLSBAD, CALIFORNIA 92008 (61 9) 438-3367 e 112s % .> August 20, 1996 ADDENDUM NO. I WALVERDE CONST. INC. BID/PROJECT NO. 88-107, CONTRACT NO. 3404 - 1995 DOWNTOWN WATE PROJECT Please include the attached addendum in the Notice to Bidder/Request for Bids y' have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/E when your bid is submitted. fiP& RUTH FLETCHER Purchasing Officer RF:mm Attach men t e 1 ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Corporatejsecretary a 1200 Carlsbad Village Drive 0 Carlsbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434-1 INFORMATION FOR BIDDERS @ A. TO OBTAIN COPY OF CURRENT PLAN HOLDERS LIST: PHONE (619) 438-3367 B. QUESTIONS PERTAINING TO PLANS AND CONTRACT DOCUMENTS: ASSOCIATE ENGINEEWFACILITY DESIGN PHONE (619) 438-3367 EXT. 122 -, - DISTRICT ENGINEER PHONE (61 9) 438-3367 EXT. 126 a 1) 112s TABLE OF CONTENTS P: NOTICE INVITING BIDS ............................................................................................... CONTRACTOR'S PROPOSAL ...................................................................................... EQUIPMENTIMATERIAL SOURCE INFORMATION .................................................... BIDDERS BOND TO ACCOMPANY PROPOSAL ....................................................... DESIGNATION OF SUBCONTRACTORS ................................................................... BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ...................................... BIDDERS STATEMENT OF TECHNlCAL ABILITY AND EXPERIENCE ..................... BIDDER'S CERTIFICATE OF INSURANCE ................................................................. : BIDDERS STATEMENT OF DEBARMENT ................................................................. : NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BIB ................................................................... : CONTRACT - PUBLIC WORKS ................................................................................. : *"m - e LABOR AND MATERIALS BOND ................................................................................ PERF 0 RMAN C E B 0 N D.. ............................................................................................. REPRESENTATION AND CERTIFICATION ................................................................ ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION .......................................................................... 1 RELEASE FORM .......................................................................................................... 1 SPECIAL PROVISIONS 1. ADDITIONS AND AMENDMENTS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ............................................................... TECHNICAL SPECIFICATIONS ................................................................................... I APPENDIX "A" STANDARD DRAWINGS .................................................................... I e 1/29 u- CARLSBAD MUNICIPAL WATER DISTRICT e CARLS BAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1: Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4 P.M. on the 28th dayof Auaust , 1996, at which time they will opened and read, for performing the work as follows: 1995 DOWNTOWN WATER PROJECT HIGHLAND DRIVE, LOCUST AVENUE, AND HARRISON STREET CONSTRUCTION OF POTABLE WATER MAINS IN CARLSBAD VILLAGE DRIVI IN THE CITY OF CARLSBAD, CMWD PROJECT NO. 88-107 CONTRACT NO. 3404 The work shall be performed in strict conformity with the specifications as approvec the Carlsbad Municipal Water District of the City of Carlsbad on file with the CMWl Enqineering Department. The specifications for the work incli the latest revised edition of the Carlsbad Rules & Regulations for Construction Potable Water Mains (October 1993) , and Standard Specifications for Pu Works Construction, (SSPWC), 1994 Edition, and the latest supplement, hereina designated "SSPWC", as issued by the Southern California Chapter of the Ameri Public Works Association and as amended by the special provisions sections of contract. Reference is hereby made to the specifications for full particulars ( description of the work. The Carlsbad Municipal Water District encourages the participation of minority ( women-owned businesses. The Carlsbad Municipal Water District encourages all bidders, supplil manufacturers, fabricators and contractors to utilize recycled and recyclable mater when available and where appropriate. The Carlsbad Municipal Water District may disqualify a contractor or subcontra1 from participating in bidding when a contractor or subcontractor has been debarrec another jurisdiction in California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by Purchasing Department. Each bid must be accompanied by security in a form amount required by law. The bidder's security of the second and third next lov responsive bidders may be withheld until the Contract has been fully executed. ' security submitted by all other unsuccessful bidders shall be returned to them deemed void, within ten (IO) days after the Contract is awarded. Pursuant to provisions of law (Public Contract Code Section 10263), appropriate securities ma) substituted for any obligation required by this notice or for any monies withheld by 1 /2! 0 e District to ensure performance under this Contract. Section 10263 of the Put Contract Code requires monies or securities to be deposited with the District or a st or federally chartered bank in California as the escrow agent. The escrow agent st .maintain insurance to cover negligent acts and omissions of the agent in connect with the handling of retentions under this section in an amount not less than $lOO,C per contract. The documents which must be completed, properly executed, and notarized are: 0 1. Contractor's Proposal 8. Bidder's Statement of Technical 2. Bidder's Bond Ability and Experience 3. Non-Collusion Affidavit 9. Certificate of Insurance 4. Contract 10. Bidder's Statement of Debarmen 5. Designation of Subcontractors 1 I. Purchasing Department 6. Amount of Subcontractors' Bid Representation and Certification 7. Bidder's Statement of Financial 12. Escrow Agreement for Security Responsibility Deposits (optional) All bids will be compared on the basis of the Engineer's Estimate. The estimatc quantities are approximate and serve solely as a basis for the comparison of bids The Engineer's Estimate is $545.000 No bid shall be accepted from a contractor who is not licensed in accordance with tt provisions of California state law. The contractor shall state their license numb€ expiration date and classification in the proposal, under penalty of perjury. Tt following classifications are acceptable for this contract: Class A e in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contra documents in lieu of the usual 10% retention from each payment, these documen must be completed and submitted with the signed contract. The escrow agreeme may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at tt Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue Carlsbad, California, for a non-refundable fee of $30.00 per set. If plans ar specifications are to be mailed, the cost for postage should be added. Carlsbad Rule and Requlation for Construction of Public Potable Water Mains (October 1993) ( latest revised edition are available for a non-refundable fee of $20.00 per set. The Carlsbad Municipal Water District reserves the right to reject any or all bids and 1 waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed q execute the Contract shall be those as determined by the Director of lndustri 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 ratc is on file in the Office of the City Engineer. The Contractor to whom the Contract 1/29 0 awarded shall not pay less than the said specified prevailing rates of wages to workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contrar Code, "Subletting and Subcontracting Fair Practices Act." The District Engineer is t District's "duly authorized officer'' for the purposes of Section 41 07 and 41 07.5. The provisions of Part 7, Chapter 1 , of the Labor Code commencing with Section 17 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will ,will not XX be held. T meeting will be held on date: time: location: (@ All bids are to be computed on the basis of the given estimated quantities of work, indicated in this proposal, times the unit price as submitted by the bidder. In case o discrepancy between words and figures, the words shall prevail. In case of an error the extension of a unit price, the corrected extension shall be calculated and the bi will be computed as indicated above and compared on the basis of the correct totals. All prices must be in ink or typewritten. Changes or corrections may be crossed ( and typed or written in with ink and must be initialed in ink by a person authorized sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one c prior to bidding. Submission of bids without acknowledgment of addenda may cause of rejection of bid. Bonds to secure faithful performance and warranty of the work and payment laborers and materials suppliers, in an amount equal to one hundred percent (I00 and fifty percent (50%), respectively, of the Contract price will be required for work this project. These bonds shall be kept in full force and effect during the course of t project, and shall extend in full force and effect and be retained by the District UI they are released as stated in the Special Provisions section of this contract. bonds are to be placed with a surety insurance carrier admitted and authorized transact the business of insurance in California and whose assets exceed th liabilities in an amount equal to or in excess of the amount of the bond. The bonds.; to contain the following documents: 0 1) An original, or a certified copy, of the unrevoked appointment, power attorney, by laws, or other instrument entitling' or authorizing the person u executed the bond to do so. a 112: 2) A certified copy of the certificate of authority of the insurer issued by t insurance commissioner. If the bid is accepted, the District may require copies of the insurer's most rea annual statement and quarterly statement filed with the Department of lnsuran pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt o request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Be: Key Rating Guide of at least A-:V, and (2) are admitted and authorized to transact t business of insurance in the State of California by the Insurance Commissioner. Ai policies offered to meet the specification of this contract must: (1) meet the conditio stated above for all insurance companies and (2) cover any vehicle used in t performance of the contract, used onsite or offsite, whether owned, non-owned hired, and whether scheduled or non-scheduled. The auto insurance certificate mi 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 company meeting the above standards with the exception that the Best's ratii condition is waived. The District does accept policies issued by the St2 Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contrac Any additional cost of said insurance shall be included in the bid price. The award of the contract by the Board of Directors is contingent upon the Contraci submitting the required bonds and insurance, as described in the contract, wit1 twenty days. If the Contractor fails to comply with these requirements, the District m award the contract to the second or third lowest bidder and the bid security of t lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a va City of Carlsbad Business License for the duration of the contract. Approved by the Board of Directors of the Carlsbad Municipal Water District Carlsbad, California, by Resolution No. 937 , adopted on the 28th day * @ Mav ,I9 96 . &tb A (!7 ' /a / /97& hh * 1 I29 ' ?' j* 1 1 8 I t 1 I t I 8 place for a lump sum price of LS $5.000.00 I price of LS $ 1.000.00 8 I CARLSBAD MUNICIPAL WATER DISTRICT CONTRACT NO. 3404 I. CONTRACTORS PROPOSAL Board of Directors Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the wor read the Notice Inviting Bids, examined the Plans and Specifications, and herel proposes to furnish all labor, materials, equipment, transportation, and servicc required to do all the work to complete Contract No. 3404 in accordance with tt Plans and Specifications of the Carlsbad Municipal Water District, and the Speci Provisions and that he/she will take in full payment therefor the following unit prices f each item complete, to wit: CONSTRUCTION OF POTABLE WATER MAINS IN CARLSBAD VILLAGE DRIVE, LOCUST AVENUE, HARRISON STREET AND HIGHLAND DRIVE Do IN THE CITY OF CARLSBAD - CMWD PROJECT NO. 88-107 Item Approximate Unit -- f 40. Quantity Description Price Total SCHEDULE A (CARLSBAD VILLAGE DRIVE) . l.A LS Traffic control complete and in 2.A LS Install shoring for a lump sum 3.A LS Point of Connection at Sta. 90+76 complete and in place including removals, disposal of AC pipe, installation of tee assembly with 2-8 inch and 1- 12 inch gate valves, fittings, and thrust blocking for a lump I sum price of LS $ 3,000.00 11291 I. 1 i 1 1' 1 8. 1 1 I 8 I 1 1. I I 8 8 i I I Item Approximate Unit I - No. Quanti tv Description Price Total .4.A LS Point of Connection at Sta. 107+00 complete and in place including removals, disposal of AC pipe, installation of cross assembly with 3-10 inch and I- 12 inch gate valves, fittings, and thrust blocking for a lump sum price of LS $ 5,000.0C 5.A 1,590 L.F. Construct 12 inch CL 150 polyvinyl chloride (PVC) potable water main complete and in place including pavement removal , excavation, bedding, fittings, detector tape, backfill and temporary pavement for a linear foot price of $ 40.00 $63,600.00 6.A 2 EA Install 12-inch gate valve at Stations 96+00 and 102+00 complete and in place for a unit price of klQcuL $- 7.A 5 EA Install 1 inch manual air release assembly for a unit price of $ 750.00 $ 3,750.00 8.A 1 EA Install 2 inch air vacuum valve assembly and appurtenance for a unit price of $- $2.000.00 Install 2 inch blow-off assembly 9.A 4 EA I for a unit price of $1.000.00 $ 4.000.00 1O.A 1,620 L.F. Replace asphaltic concrete pavement and aggregate base per trench section on sheet 2 of plans for a linear foot price of $ 15 .oo $moo .oo 1 I291 I. 1 1 4) 1 I 1 I 1 1 place for a lump sum price of LS $l.ooo.oo 1 8 80 I 1 I 1 I i I I 0 Item Approximate Unit - No. Quantitv Description Price Total ll.A LS Replace removed or damaged traffic stripping, stenciled markings complete and in place to match existing for a lump sum price of LS $ 2,000.00 SCHEDULE A SUBTOTAL $ 115.650.00 I SCHEDULE B (LOCUST AVENUE 1 .B LS Traffic Control complete and in 2.B LS High line and maintain service to existing water meters for a lump sum price of LS $- price of hS $l.ooo.oo 3. B 3. B Install shoring for a lump sum 4. B LS Point of connection at Sta. 0+10 complete and in place including removals, disposal of AC pipe, installation of tee assembly with 2-8 inch gate valves, fittings, and thrust blocking for a lump sum price of LS $m 5. B LS Point of connection at Sta. 5+48 complete and in place including removals, disposal of AC pipe, installation of tee assembly with 2-10 inch and 1- 8 inch gate valves, fittings and thtust blocking for a lump sum $ 3,000.00 price of LS I. 1 /29/! I 1\ ;' I I. 8 I I of $32.00 $17.440.0( 1 assembly for a unit price of s75o.00 s75o.00 8 for a unit price of $1.000.00 $ 1,ooo.oc 1 I. I price of S75o.00 S75o.00 1 I I I I 1' Item Approximate Unit - No. Quantitv Description Price Total 6. B 545 L.F. Construct 8 inch CL 150 polyvinyl chloride (PVC) potable water main complete and in place including pavement removal, excavation, bedding, fittings, detector tape, bac kf i I I and tempo ra ry pavement for a linear foot price 7. B 1 EA Install 1 inch manual air release 8. B 1 EA Install 2 inch blow-off assembly 9.B 2 EA Reconnect existing 1 inch copper water service for a unit price of $500.00 $l.ooo.oo IO.$ 1 EA Reconnect existing 2 inch copper water service for a unit 11.8 50 L.F. Replace asphaltic concrete pavement and aggregate base per trench section on sheet 2 of plans for a linear foot price of $ 30 .oo $ 1 .ooo .oo SCHEDULE B SUBTOTAL $ 33,440.00 1 SCHEDULE C (HARRISON STREET) 1 .c LS Traffic control complete and in place for a lump sum LS $ 2.000.00 2.c LS Highline and maintain service to existing water meters for lump sum price of LS $4.000.00 I. 1/29, I 1’ i I 1 8 I I 8 I 8 Bo I I I a unit price of S75o.00 $a 1 I I 1 for a unit price of $- $- 1 0 Item Approximate Unit - No. Quanti tv Description Price Total 3.c LS Install shoring for a lump sum price of LS $I.ooo.oo 4. c LS Point of Connection at Sta. 8+80 complete and in place, including removals, disposal of AC pipe, installation of tee, 2- 10 inch and 1-8 inch gate valves, fittings and thrust blocking for a lump sum price of LS $ 3,000.00 5. c 250 L.F. Remove and dispose of existing 6 and 4 inch ACP water main for a linear foot price of Slo.00 $a.soo.oo 6. C 868 L.F. Construct 8 inch CL 150 polyvinyl chloride (PVC) potable water main complete and in place including pavement removal, excavation, bedding, fittings, detector tape, backf i I I and tem porary pavement for a linear foot price of $ 32.00 $ 27,776.00 7.c 1 EA Install 8 inch gate valve at Sta. 4+50 complete and in place for 8. C 2 EA Install fire hydrant assemblies at Stations 3+14 and 6+43 complete and in place for a unit price of $ 2.500.00 $ 5.OOO.OQ 9.c 2 EA Install 1 inch manual air release assembly for a unit price of $ 750.00 $ 1,500.00 1o.c 2 EA Install 2 inch blow-off assembly 1 i291 I. i a’ I i 1 I I 1 1 price of $ 750.00 $ 750 .oo I 1 1. 1 I B I B price of LS $ 1,000.00 I I 1 Unit Item Approximate - No. Quantity Description Price Total 11.c 5 EA Reconnect existing 1 inch copper water service for a unit I. price of $soo.oo $2.500.00 12.c 2 EA Reconnect existing 1% inch copper water service for a unit price of $ 600.00 $ 1,200.00 13.c ’l EA Reconnect existing 2 inch copper water service for a unit 14.C 555 L.F. Replace asphaltic concrete pavement and aggregate base per trench section on sheet 2 for a linear foot price of S.12.00 sh.CLh0.00. SCHEDULE C SUBTOTAL $ 60.hxj.00 SCHEDULE D (HIGHLAND DRIVE) 1 .D LS Traffic control complete and in place for a lump sum price of LS $ 4,000 * 00 2. D LS Highline and maintain service to existing water meters for a lump sum price of LS $6.000.00 3. D 3 EA Install 6 inch temporary gate valves in existing main for a I unit price of $ 500.00 $ 1,500.00 4. D LS Install shoring for a lump sum 1. 1/29] I I' ,p I 1 I 8 I I 1 I Item Approximate Unit No. Quantity Description Price Total - 5. D LS Point of connection at Sta. 18+64 Adams St. complete and in place including removals, disposal of AC pipe, installation of tee, 2-10 inch and 1-8 inch gate valves, fittings and thrust blocking for a lump sum price of LS $s.ono.oo 6. D LS Construct tee assembly at Sta. 5+50 complete and in place including removals, disposal of AC pipe, installation of tee, 3-8 inch gate valves, fire hydrant assembly, fittings, and thrust blocking for a lump sum price of LS $ 5.000.00 7. D LS Point of connection at Sta. 23+36 compete and in place including removals, disposal of AC pipe, installation of tee, 3-8 inch gate valves, fittings and thrust blocking for a lump sum I. 1 price of LS $ 3.000.00 8.0 2,325 L.F. Remove and dispose of existing 6 inch ACP water main for a linear foot price of $ 5.00 $11,625.00 I 1 1 II 1 I I 9.D 2,325 L.F. Construct 8 inch CL 150 polyvinyl chloride (PVC) potable water main complete in place including pavement removal , excavation , bedding , fittings, detector tape, backfill and temporary pavement for a linear foot price of $ 32.00 $74,400 .OO 1 I291 I* I I’ i I I I I I I I I 1 I I 1 I I I 0 Item Approximate Unit - No. Quantitv Description Price Total 1O.C) 3 EA Install fire hydrant assemblies including line valves at Stations 1+25, 14+05 and 18+85 complete and in place for a unit price of $2.500 .OO $7,500 .OO ll.D LS Install tee assembly with gate valves at Sta. 9+35 and reconnect existing fire hydrant for a lump sum price of LS $2,000 .oo 12.D LS Install tee assembly with gate valve at Sta. 12+50 and reconnect existing detector check for a lump sum price of LS k.%uxL assembly for a unit price of S75o.00 $3.750.00 for a unit price of !halLQL hluuun- 13.D 5 EA Install 1 inch manual air release 1 e 14.D 3 EA Install 2 inch blow-off assembly 15.D 21 EA Reconnect existing 1 inch copper water service for unit price of $ 400.00 $ 8,400.00 16.D 6 EA Reconnect existing 1% inch copper water service for a unit I price of $ 500.00 $3,000.00 17.D 8 EA Reconnect existing 2 inch copper water service for a unit price of $ 650.00 $5,200.00 1 I29 I. I 3' ,. B 1 I I I I I. I 0 Item Approximate Unit - No. Quantity Description Price TotE 18.C) 2,480 L.F. Replace asphaltic concrete pavement and aggregate base per trench section on sheet 2 of plans for a linear foot price of 1 9. C) LS Replace removed or damaged traffic stripping, stenciled markings and reflective markers complete and in place to match I $ 10.00 $2 existing for a lump sum price of LS $1 SCHEDULE D SUBTOTAL $ 171.675.00 SUBTOTAL SCHEDULES A, B, C, & D $ 381,401 .OO 1 *ADDITION (+) OR DEDUCTION (-) $ -0- * Provisionis made here for the bidder to include an addition/deletion in their bid desired, to reflect any last minute adjustments in prices. The addition/deletion appropriately) and reflected in the unit prices for payment purposes. If t additional deduction affects more than one bid item, the proportionate application the additioddeduction shall be mutually agreed upon by the Contractor and t District prior to bid award. Total amount Of bid in words: Total amount of bid in numbers: $ 381.401 .oo Price(s) given above are firm for 90 days after date of bid opening. Prices quoted i the Proposal shall include all taxes, including sales and use taxes. Addendum(a) No(s). f 1 made will be proportionately applied to items N/A (fill Three Hundred Eighty One Thousand, Four Hundred One Dollar, and NO Cents I I I this proposal. hadhave been received and islare included i THE DISTRICT RESERVES THE RIGHT TO AWARD OR NOT AWARD SCHEDULE A. The Undersigned has checked carefully all of the above figures and understands th: the District will not be responsible for any error or omission on the part of thc Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contra with necessary bonds and insurance policies within twenty (20) days from the date award of Contract by the Board of Directors of the Carlsbad Munic' al Water Distric gz& 1 /29/9 I I I 1- I 0 2 1' i I II I I I I II I I I I 1 D 0 1 ... I the District may administratively authorize award of the contract to the second or th lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned licensed to do business or act in the capacity of a contractor within the State California, validly licensed under license number f276469 ( , classification "A - which expires on January 31, 1997 / , and that this statemen true and correct and has the legal effect of an affidavit. A bid submitted to the District by a Contractor who is not licensed as a contrac pursuant to the Business and Professions Code shall be considered nonresponsi and shall be rejected by the District. § 7028.15(e). In all contracts where fede funds are involved, no bid submitted shall be invalidated by the failure of the bidder be licensed in accordance with California law. However, at the time the contract awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 0 1. That no Board of Directors member, officer agent, or employee of the Carlsb, Municipal Water District is personally interested, directly or indirectly, in tt Contract, or the compensation to be paid hereunder; that no representatic oral or in writing, of the Board of Directors, its officers, agents, or employe has inducted himlher to enter into this Contract, excepting only those contain1 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 corporatic making a bid for the same work, and is in all respects fair and without collusic or fraud. I. Accompanying this proposal is "Bidder I s Bond" 10% of Bid Amount (Cash, Certified Check, Bond or Cashier's Chec for ten percent (I 0%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code whic requires every employer to be insured against liability for workers' compensation or undertake self-insurance in accordance with the provisions of that code, and agrees comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. ... ... 1/29 I. State of California County Of Los Angeles jj I/ On August 27, 1996before me, Cynthia Ascencio j’ 11 personally appeared t! (DATE) (NAMETTITLE OF OFFICER-i.e.‘JANE DOE, NOTARY PUBLIC”1 !! Christopher Valverde 4 /i (NAMEIS) OF SIGNERIS)) !j /I ii ij I/ / ’I jJ dpersonally known to me -OR- Cl roved to me on the ij &asis of satisfactory 1; It evidence to be the ii person(s) whose name(s) idare subscribed to the I within instrument and acknowledged to me that he/she/they executed the same in his/her/their II li 11 q authorized capacity(ies), 1 and that by his/her/their CYNTHIA 0. ASCENCIO ------ COUM. 8lm152 @ signature(s1 on the /I 11 // /I ij I (SEAL) -&&%e-&, 1 #oIARyw instrument the person(s1, or the entity upon behalf LosANoaEscouNly #a of which the person(s) acted, executed the instrument. tl?#~6pGC€&lws_) --e--- Witness my hand and official seal. (SIGNATURE OF NOTARY) ! RIGHT THUMBPRINT (Opti’ r CAPACITY CLAIMED BY SIG OINDIVIDUAL(S1 IUDCORPORATE / Secret, OFFICER(S) (TITLESI OPARTNER(S1 OLlMlTED OGENERAL OATTORNEY IN FACT OTRUSTEEW DOTHER: OGUARDIAN/CONSERVATC SIGNER IS REPRESENTING: (Name of Person(s) or Entity Valverde Constr Inc . RIGHT muMBmiNT (Opti i P 2 CAPACITY CLAIMED BY SIC 0 INDIVIDUAL(S1 OCOAPORATE OFFICER(S) ATTENTION NOTARY 1 (Name of Person(s1 or Entity I I 1 -' < 1 1 I The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter Article 2, relative to the general prevailing rate of wages for each craft or type worker needed to execute the Contract and agrees to comply with its provisions. a IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (4) Name under which business is conducted 1 (2) Signature (given and surname) of proprietor 8 (Street and Number (3) Place of Business City and State Zip Code Telephone No I 1 IF A PARTNERSHIP, SIGN HERE: (1 1 (2) Name under which business is conducted Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) e 1. I I 1 1 I I 1 (3) Place of Business I (Street and Number) City and State (4) Zip Code Telephone No. 112919 I. 1 1. , 8 - If- A CORPORATION, SIGN HERE: (1 ) Name under which business is conducted I. I 1 I I 1 1. I I 1 I I 1 Impress Corporate Seal h (3) Incorporated under the laws of the State of Cal ifornia - - -- (4) Place Of Business 12402 Philadelphia Street (Street and Number) City and State Whittier, California E (5) Zip 90601 Telephone No. 310-693-2763 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUt I BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if corporation; if a partnership, list names of all general partners, and managir partners: Joe A. Valverde/President/Manager m Stephen Doreck/Vice President ChristoDher Valverde/Corporate/Secretary Rose Valverde/Treasurer 1 1291 I. I, > I I 8 1 EQUIPMENT/MATERIAL SOURCE INFORMATION I. (TO ACCOMPANY PROPOSAL) The Bidder shall indicate opposite each item of equipment or material listed below, t name of the one supplier and manufacturer of each item of equipment or mater proposed to be furnished under the bid. Awarding of a contract under this bid will I imply approval by District of the manufacturers listed by the Bidder: Equ i pment/Mate ria I Manufacturer 8 1. Polyvinyl Chloride Potable I. co. 1 (Manufacturer) Water Main 2. Gate Valves rican Flow Control I I. I I I I 1 1 1 I- (Manufacturer) 3. Ni'A (Manufacturer) 1 I29 I. 1 ,I i I e I I I II 1 8 I 1 1 I I 1 . BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) I. .. Accompanying this proposal is a 2t3mMkd *ms check payable to the or1 of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of Bidders Bond I in 10% of Bid Amount dollars($ 1OX of Bid bo unt ). this amount being ten percent (10%) of the total amount of the bid. The proceeds this check shall become the property of the District provided this proposal shall accepted by the District through action of its legally constituted contracting authorit and the undersigned shall fail to execute a contract and furnish the requii Performance, Warranty and Payment Bonds and proof of insurance coverage wit the stipulated time; otherwise, the check shall be returned to the undersigned. 1 proceeds of this check shall also become the property of the District if undersigned shall withdraw his bid within the period of fifteen (15) days after the d set for the opening thereof, unless otherwise required by law, and notwithstanding award of the contract to another bidder. # 0 a VALVER.DE CONSTRUCTION, INC. BIDDER - *Delele the inapplicable word. (Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages s be executed-the sum of this bond shall be not less than ten percent (1 0%) of the total amount of the bi @ 1 /2! 1 ,' ., > I BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, VALVERDE CONSTRUCTION, INC as Principal, and ULICO CASUALTY COMPANY , I. Surety are held and firmly bound unto the Carlsbad Municipal Water District Carlsb: California, in an amou t as follows: (must be at least ten percent (10%) of the t am0unt)Ten PerceAk o total bid for which payment, well and truly made, we bi ourselves, our heirs, executors and administrators, successors or assigns, jointly a severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the propos of the above-bounden Principal for: 8 II I 8 I I 8 I .... I I I .... I I .... 8 OW! 1995 DOWNTOWN WATER PROJECT CONSTRUCTION OF POTABLE WATER MAINS IN CARLSBAD VILLAGE DRIVE, LOCUST AVENUE, HARRISON STREET AND HIGHLAND DRIVE IN THE CITY OF CARLSBAD PROJECT NO. 88-107 - CONTRACT NO. 3404 in the City of Carlsbad, is accepted by the Carlsbad Municipal Water District, and if tl Principal shall duly enter into and execute a Contract including required bonds ai insurance policies within twenty (20) days from the date of award of Contract by tl Carlsbad Municipal Water District of the City of Carlsbad, being duly notified of sa award, then this obligation shall become null and void; otherwise, it shall be ar remain in full force and effect, and the amount specified herein shall be forfeited to tt said District. 4 0 .... .... .... .... .... 1 I291 I* -, In the event Prii-idpal executed this bond as an individual, it is agreed that the death c Principal shall not exonerate the Surety from it6 obligatians under this band, Executed by PRINCIPAL this 97 %L day of &+?LAST ,19 96. day of . August ,I9 96-. P RLN C PAL; SUREtY: 0 Executed by SURETY this 28 th - Valverde Construction, Inc. Ulic0,Casualty Company 1340 Treat Blvd. (name of Surety) 7 (addregs of Surety) 510-256-7733 Rosemarie Guanill A t.f-.n,-nnx,-~t (prhtted name Elf Attomeyin-Fact) (Attach corporate tesolution shawin current power of attorney.) -^. ,C.a rD or a t e I S e CT, et afv e @tint name here) i (Me and organization of sQnatoQ) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must b (President or vice-president and secretary or assistant secretary must sign fr mrporatians. If only one Mcer sigm, the corporation must attach a resolutio certified by the secretary or assistant seniary under corporate seal empowering thi officer to bind the corporation.) APPROVED AS TO FORM; RONALD R. BALL ' attached,) e 1 1291 ‘ C&klFORNlA ALL-PURPOSE ACKNOWLEDGMENT State 0.f California County of San Francisco On -8-28-96 before me, P. Reekers, Notary Public personal I y appeared m personally known to me - OR - 0 proved to me on the basis of satisfactory evide to be the person(s) whose name(s) is/ subscribed to the within instrument and knowledged to me that he/she/they exem the same in his/her/their authori; capacity(ies), and that by his/her/tt signature(s) on the instrument the person or the entity upon behalf of which person(s) acted, executed the instrumt DATE NAME, TITLE OF OFFICER - E GI “JANE DOE, NOTARY PUBLIC Rosemarie Guanill NAME(S) OF SIGNER(S) SIGNATURE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could pi fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUME TITLE OR TYPE OF DOCUMENT TiTLE(S) NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ,. . a ,, A .. ULICO CASUALTY COMPANY 09 11 1 Massachusetts Avenue, N.W. Washington, DC 20001 ~.. , , .-, u -~ 0 "3 :; @ POWER OFATTORNEY Know A// Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, following resolutiorr, adopted by the Board of Directors of the Corporation effective on the 28fh day oflanuary, 1993: RESOLVED: "7hat the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers-of-Attorney, qualifying the attornc Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corpo Corporation, in the transaction of its surety business. I' RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attc certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal sh; binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBYMAKE, CONSTITUTE AND APPOINT: Rosemarie Cuanill, L.P. Tosse, 1.M. Albada, P. Reekers, M. Moody andlohn W. Davis of M California of San Francisco, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its n stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO €XCE€D THREE MILLION ($3,000,000.00) DOLLARS; to bind Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all Attorney(s)in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Officer and its Corporate seal to be affixed this 25th day oflune, 7 996 is P~WW of~mrnsey is void unhw the seal is ,readable, fhe twit is in black ink the signatures ab?@ in black inkF fhgb ink, and if ati+ached to a document 6?XWsCUt@d sub§Pquen-dt UlD January a, 1999. District of Columbia ss: On this 25th day of lune, 1996, before the subscriber, dulycommissionedand therein, and who execu of Ulico Casualty Company to me personally known to be the individual and office acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscr, instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is no^. In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. ~ NSTfCc , .- / &G / QF ~PUBL~C 8 y CommissiLges: A tary Public Notary Pu D.Y. . ,&&e .. ' Lea 9e'/0F GO@+ %- CER TIFICA TION 1, loseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution < Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution an( Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation this &TiTct , 1992. ,D &Gixcy oo-po~* binudayof (01 sEA< '% By: 0 i,u o~:~;,~y p A. rabillo, Assistant Secretary UCB-102-POAI (09194) State of California County O€os Angeles fi E/ On August 27, 1996before me, Cynthia Ascencio (DATE1 (NAMEKITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC'I I] Jog A. Valverde and i 1 personally appeared Christopher Valverde ji I/ E/ personally known to me -OR- 0 roved to me on the If person(s) whose name(s) 11 dare subscribed to the acknowledged to me that I1 he/she/they executed the same in his/her/their 1 (NAMEISI OF SIGNERIS)I 4 iI ji I j/ a" I! Easis of satisfactory evidence to be the 11 within instrument and !I ii /I !I Ij --- 7 authorized capacity(ies), 11 I/ and that by his/her/their 11 of which the person(s) jI signatureb) on the instrument the person(s), or the entity upon behalf instrument. acted' executed the Witness my hand and official seal. 4 jI (SIGNATURE OF NOTARY) T i (SEAL) i i RIGHT THUMBPRINT (Opl I L 2 CAPACITY CLAIMED BY SI( OINDIVIDUAL(S1 xx ncoRmRAdSecreta OFFICER(SlPres/Mar (TITLES) OPARMER(S1 OLlMlTED DGENERA OA~ORNEV IN FACT OTRUSTEE(S) OOTHER: OGUARDIANKONSERVATC SIQNER IS REPRESENTING: (Name of Personb) or Entity Valverde Consmu Inc . RIGHTTHUMBPRINT (Opt, ~ B CAPACITY CLAIMED BY SIC OINDIVIDUAL(S) OCORPORATE OFFICER(S) ATTENTION NOTARY 1 (TITLES) I The information requested below and in the column to the right is OPTIONAL. I. I 1 t 1 1 I I I I 8 I I I 8 (GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATORS & AMOUNT OF OWNER OPERATOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owr Operator disclosure forms Bidders are urged to review 1 definitions in Section 1-2 SSPWC especially, "Bid," "Biddc "Contract , 'I "Con tractor, 'I "Contract Price , 'I "Contract U n it P r icc "Engineer," "Subcontractor" and "Work" and the definitions Section 1-2 of the Special Provisions especially "Oj Organization" and "Owner Operator/Lessee." Bidders are furtt urged to review the following sections of the Special Provisions 3.1 "General," 2-3.3 "Subcontractor Items of Work," 2-3.4 "Owr Operators" and 2-3.5 "Penalties and Remedies." Bidders are cautioned that failure to provide complete and corrt information may result in rejection of the bid as non-responsi\ Bids that propose performance of more than 50 percent of t work by other than the Contractor's own organization will I rejected as non-responsive. 1. CAUTIONS INSTRUCTIONS Bidders shall use separate disclosure forms for ea Subcontractor or Owner Operator (O+O)/Lease of manpower ai equipment that is proposed to be used to complete the Work. All items of information must be completely filled out. Where the bid item will be installed by more than 01 Subcontractor or Owner Operator/Lessee the percentage of tl bid item installed by the Subcontractor or Owner Operator/Lessc being listed in the line of the form must be entered under tt column "O/O of Item by Sub" or "O/O of Item by O+O" as applicabl If a Subcontractor or Owner Operator/Lessee installs or construc any portion of a bid item the entire amount of the Contract Ur Price shall be multiplied by the Quantity of the bid item that tt Subcontractor or Owner Operator/Lessee installed. Suppliers of materials from sources outside the limits of work a not subcontractors. The value of materials and transport .f materials from sources outside the limits of work, as shown on tt plans, shall be assigned to the Contractor or to the Subcontracto as the case may be, installing them. The item number from the "CONTRACTORS PROPOSAL'' (B Sheets) shall be entered in the "Bid Item No." column. I. I 1 I291 I. I SI 8 8' I I I I I I I I 8 I I I I 1- 7 When a Subcontractor has a Carlsbad business license < number must be entered on the form. If the Subcontractor dc not have a valid business license enter "NONE" in the appropri space. Bidders shall make any additional copies of the disclosure for as may be necessary to provide the required information. 7 number of additional form pages shall be entered on the first fcl page of each type so duplicated. Bidder may, at its option, combine bid items on a single row in I chart on the disclosure forms. If using this option the Bidder mi indicate the bid item numbers to which the information in the r pertains. This option may not be used where the subcontractor owner operator is constructing or installing less than 100 perm of a bid item. The percentages and dollar amounts may be 1 sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owr operator/lessee to construct or install less than 100 percent oi bid item the Bidder must attach an explanation sheet to t designation of subcontractor or designation of owr operatorAessee forms as applicable. The explanation sheet mi clearly apprise the Agency of the specific tasks, materials andi equipment that are proposed to be so supplied. I. I. 1/29, I. I 8 1 I I I 8 I DESIGNATION OF SUBCONTRACTOR 8 AMOUNT OF SUBCONTRACTOR'S B The Bidder MUST complete each information field on this form for each subcontrac that nt proposes to use. Additional copies of this form may be attached if required. T form must be submitted as a part of the Bidder's sealed bid. Failure to provi complete and correct information may result in rejection of the bid as non-responsivc The Bidder certifies that it has used the sub-bid of the following listed subcontractc in preparing this bid for the Work and that the listed subcontractors will be used perform the portions of the Work as designated in the list in accordance w applicable provisions of the specifications and Section 4100 et seq. of the Put: Contracts Code- "Subletting and Subcontracting Fair Practices Act.'' The Bidc further certifies that no additional subcontractor will be allowed to perform any porti of the Work and that no changes in the subcontractors listed work will be made excc upon the prior approval of the Agency. Full Company Name: Complete Address: 183 N. Pixlev Orange CO. Stripinn Street nyama I- - r-vni a 97668 t czy State Zip 1 e Telephone Number plus Area Code: 714-639-4550 California State Contractors License No. & Classification: 346095 C-3 2 Carlsbad Business License No.: This project does does not x have bid items designated as "SPECIALITY ITEM$ 1 1 8 1 I 1 I 1 Page - 1 of 1 pages of this form 1. 1/29 Bid Bid Price %of % of Bid Bid % of Item of Item Item by Total Item Priceof Item by No. 0+0 Contract No. Item 0+0 1 1 1 I I 5A, 6B 6C,9D $183,216.00 5.9% 2.3% % of Total Contrac I , ~ \I * i 1 I I 1 8 8 Ia 1 1 8 I II I 1 I BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) Copies of the latest Annual Report, audited financial statements or Balance She4 may be submitted under separate cover marked “CONFIDENTIAL.” I@ 1 1291 I. , I I* - VALVERDE CONSTRUCTION. INC. BALANCE SHEET JUNE 30,1996 a ASSETS Current assets: Cash and cash equivalents (Note 1) $ 46,442 20,000 Contract receivables, net (Notes 1, 3 and 10) 5,2 14,740 Costs and estimated earnings in excess of billings on 794,254 Inventories (Note 1) 239,595 Other current assets (Note 5) 152,655 Note receivable - officer (Note 6) 291,353 $ 6,759,C Construction equipment 1,053,140 Motor vehicles 562,509 Office fbrniture and equipment 141,641 Leasehold improvements 180.737 1,938,027 Certificate of deposit (Note 2) uncompleted contracts (Notes 1 and 4) (Schedule 11) Property and equipment (Notes 1, 7 and 8): Less: accumulated depreciation and amortization 1,207,068 730.9 $ 7.489.9 LIABILITIES AND STOCKHOLDER’S EOUITY Current liabilities: Note payable (Note 7) $ 398,277 Current maturities of long-term debt (Note 8) 474,932 Current maturities of notes payable - officer (Note 9) 16,3 54 Accounts and retainage payable 3,196,258 Billings in excess of costs and estimated earnings on 678,869 Accrued wages and wage related expenses 196,858 Accrued profit sharing contribution (Note 12) 50,000 Other current liabilities 101,546 Accrued income taxes (Note 1) 180,195 Deferred income taxes (Notes 1 and 11) 341.776 $ 5,635,0( 220,4( uncompleted contracts (Notes 1 and 4) (Schedule 11) Long-term debt, less current maturities (Note 8) Notes payable - officer, less current maturities (Note 9) 11,0' Deferred income taxes (Notes 1 and 11) Stockholder’s equity: 61,5: Common stock, $10 par value; 2,020 shares authorized; Retained earnings 1,550.199 1,561.55 $ 7.489.95 1,140 shares issued and outstanding 1 1,400 0 ne accompanying notes are an integral part of these financial statements -2- I. (’- VALVERDE CONSTRUCTION, INC. STATEMENT OF INCOME FOR THE YEAR ENDED JUNE 30,1996 i a Contract cost of Revenues Revenues Gros Earned Earned Profi Contracts completed (Schedule I) $ 8,137,114 $ 8,076,284 $ 60 Contracts in progress (Schedule 11) 13.804.535 11.059.886 2,744 $ 21,941.649 S 19,136,170 2,805 General, administrative and other expenses: Administrative salaries $ 683,012 Advertising 9,686 Auto expense 73,192 Contributions 15,574 Depreciation and amortization (Note 1) 247,5 3 3 Dues and subscriptions 15,441 383,622 Insurance Interest expense (Note 8) 134,585 Miscellaneous 32,240 Outside services 59,650 Payroll taxes and related expenses 598,895 Professional fees 94,859 Profit sharing contribution (Note 12) Rent (Note 13) 150,866 Repairs and maintenance 12,960 Taxes, licenses and permits 19,733 Telephone and utilities 103,79 1 Travel and entertainment 38,299 2,779,332 1.26 1.447 1.517. Income from operations before officer’s salary 1,287, Officer’s salary 601. Income from operations 685: Other income (expense) (Note 10) (348. 337, Provision for income taxes (Notes 1 and 11) 147, Net income $ 189, Office supplies and expense 55,394 50,000 I. Less: expenses allocated to cost of revenues earned Income before provision for income taxes bo The accompanying notes are an integral part of these financial statements -3- Date Contract Completed I I 11-10-94 -- Name and Phone Amour of the Employer to Contract Work Contra Name and Address No. of Person Type of of City of Downey Gary Stewart Watermain 1395,617 Citv of Anaheim Caster Williams Valve Repl. $239,995 , I , ' 1,. .'' * 1 1 I I I I 1 1. I I I 1 1 I I I- BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) I* I. 11291' ne CA 92714 ENT WITH RESPECT TO WHI( IS SUBJECT TO ALL THE TEF ER'S & CONTRACTOR'S PROT CA 8201857 ALL OWNED AUTOS SCHEDULED AUTOS HIRE0 AUTOS NON-OWNED AUTOS Rented SC Leased 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TC -- 1200 Carlsbad Village Drive Carlsbad CA 92008 ID i ; .: I I I I t’ fl BIDDERS STATEMENT RE DEBARMENT (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsi bidder by another jurisdiction in the State of California? I. xx Yes no 2. If yes, what was the name of the agency and what was the period of debarment? I party debarred I agency period of debarment I I. I - I I I I I I I ChristoDh er Valverde-CorD/secret: print name 11291 I. OINDIVIDUAL(S) OCORPORATE OFFICER(S1 ATTENTION NOTARY ITlTLESl i The information requested below and in the column to the right is OPTIONAL. ,+ I ' t'pb * v, NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 D State of California 1 ) ss. le 1 Countyof Los Angeles ) I (Name of Bidder) Christopher Valverde , being first duly sworn, deposes and says that he or she is of VALVERDE CONSTRUCTION, INC. CorporateISecretary (Title) (Name of Firm) B I I I I I 1 E I E I the party making the foregoing bid that the bid is not made in the interest of, or behalf of, any undisclosed person, partnership, company, association, organization, corporation; that the bid is genuine and not collusive or sham; that the bidder has I directly or indirectly induced or solicited any other bidder to put in a false or sham t and has not directly or indirectly colluded, conspired, connived, or agreed with E bidder or anyone else to put in a sham bid, or that anyone shall refrain from biddii that the bidder has not in any manner, directly or indirectly, sought by agreeme communication, or conference with anyone to fix the bid price of the bidder or i other bidder, or to fix any overhead, profit, or cost element of the bid price, or ef thal any other bidder, or to secure any advantage against the public body awarding 1 contract of anyone interested in the proposed contract; that all statements containec the bid are true; and, further, that the bidder has not, directly or indirectly, submiti his or her bid price or any breakdown thereof, or the contents thereof, or divulg information or data relative thereto, or paid, and will not pay, any fee to i corporation, partnership, company association, organization, bid depository, or to i 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 t [ e affidavit was executed on the 27 , day of August 19 96 I (NOTARY SEAL) Signature of Notary 112s P State of Cnl i fnrn ja County c$o#,c: ~~~~l~~ u On August 27, igghefore me, Cynthia Ascencio (DATE) INAMEflITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC'I 1: % i personally appeared Christopher Valverde I\ /i (NAME(SI OF SIGNER(S)I ii 'i /I ; /j 11 dpirsonally known to me -OR- 0 roved to me on the L Easis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies1, 1os~couNTy N instrument the person(s), acted, executed the 11 I /j within instrument and I/ !I 1i ----I.-. I E WOTAR~~ g signatureb) on the cyMHMD*~l and that by his/her/their ccw.mmstst *m @. od 6.1399 /j // i or the entity upon behalf 4 of which the person(s) instrument. --I--- // Witness my hand and official seal. I/ 1 I (SEAL) 4 [SIGNATURE OF NOTARY) RIGHT THUMBPRINT IOpi i 0 2 CAPACITY CLAIMED BY SI( 0 INDIVIDUAL(S) Ira OCORPORA~eta 1 OFFICER(S1 innw OPARTNER(Sl OLlMlTED OGENERAI OATFORNN IN FACT OITRUSTEEIS) OOTHER: OGUARDIAN/CONSERVAT( SIGNER IS REPRESENTING: (Name of Person(s1 or Entity V~1v-d~ Constr U( Tnr RIGHT THuMBmiNT (Opti F I- CAPACITY CLAIMED BY SIG OINDIVIDUAL(Sl OCORPORATE OPARTNERW OLlMlTED OATTORNEY IN FACT OTRUSTEE(Sl It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. OGENERAL CONTRACT- PUBLIC WORKS e This agreement is made this 62&* day of &u-&W 19%, by a between the Carlsbad Municipal Water District, Carlsbad, Califohia, a municil WHITlItK CA 9 0601 District and Contractor agree as follows: corporation, (hereinafter called "District"), 2nd VAI VFRDF CONSTRIJ CTION, INC whose principal place of business is12402 PHILADELPHIA STREET, (hereinafter called "Contractor".) 1. Description of Vl'ork. Contractor shall pwform all work specified in the Contri documents for: 1995 DOWTOWN WATER PROJECT CONSTRUCTION OF POTABLE WATER MAINS IN CARLSBAD VILLAGE DRIVE, LOCUST AVENUE, HARRISON STREET AND HIGHLAND DRIVE IN THE CITY OF CARLSBAD CMWD PROJECT NO. 88-107 - CONTRACT NO. 3404 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materia tools, equipment, and personnel to perform the work specified by the Contr; Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Noti Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation Subcontractors, Bidder's Statements of Financial Responsibility, Technical Abil and Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release For the Plans and Specifications, the Special Provisions, and all proper amendmer and changes made thereto in accordance with this Contract or the Plans a. Specifications, and all bonds for the project; all of which are incorporated here by this reference. Contractor, herlhis subcontractors, and materials suppliers shall provide ar install the work as indicated, specified, and implied by the Contract Documenl Any items of work not indicated or specified, but which are essential to tt completion of the work, shall be provided at the Contractor's expense to fulfill tt intent of said documents. In all instances through the life of the Contract, tt District will be the interpreter of the intent of the Contract Documents, and tl District's decision relative to said intent will be final and binding. Failure of tl Contractor to apprise subcontractors and materials suppliers of this condition the Contract will not relieve responsibility of compliance. @ 2. 1/29> I) @ 4. . Payment. For all compensation for Contractor's performance of work under 1 Contract, District shall make payment to the Contractor per Section 9-3 of Standard Specifications for Public Works Construction (SSPWC) 1994 Editi and the latest supplement, hereinafter designated "SSPWC", as issued by Southern California Chapter of the American Public Works Association, and amended by the Special Provisions section of this contract. The closure date each monthly invoice will be the 30th of each month. Invoices from the Contra( shall be submitted according to the required District format to the District assigr project manager no later than the 5th day of each month. Payments will delayed if invoices are received after the 5th of each month. The final retenti amount shall not be released until the expiration of thirty-five (35) days followi the recording of the Notice of Completion pursuant to California Civil Cc Section 31 84. Public Contract Code section 20104.50 requires a summary of its contents to set forth in the terms of the contract. Below is such a summary. Howev contractor should refer to Public Contract Code section 20104.50 for a complc statement of the law. The District shall make progress payments within 30 days after receipt of undisputed and properly submitted payment request from a contractor on construction contract. If payment is not made within 30 days after receipt of undisputed and properly submitted payment request, then the District shall F interest to the contractor equivalent to the legal rate set forth in subdivision (a) section 685.01 0 of the Code of Civil Procedure. Upon receipt of a payment request, the District shall, as soon as practicable af receipt, determine whether the payment request is a proper payment request. the District determines that the payment request is not proper, then the requc shall be returned to the contractor as soon as practicable but not later than sev (7) days after receipt. The returned request shall be accompanied by a documf setting forth in writing the reasons why the payment request was not proper. If the District fails to return the denied request within the seven (7) day time lin then the number of days available to the District to make payment with( incurring interest shall be reduced by the number of days by which the Distr exceeds the seven (7) day return requirement. "Progress payment" includes all payments due contractors except that portion the final payment designated by the contract as "retention earnings". A completed and executed release form in the form described in this contrz (hereinafter "Release Form") shall be submitted prior to approval of each progre payment. The contractor shall list all disputed claims or potentially disputed clair 1 I29 a I) which arise during the pay period. The purpose of the Release Form is to brii timely attention to areas of dispute or potential dispute between the contractor ai the District for the pay period. Failure of the contractor to submit a completed a1 executed Release Form shall constitute the contractor's acknowledgment that I disputes of any type have arisen that pay period or remain from previous p periods and the contractor waives all future rights in making claims for disput arising in those pay periods. All previous and new disputed claims or potentia disputed claims shall be listed on the Release Form until such time as ti disputed claims are resolved. The contractor shall not modify the Release Form any way. 0 5. Independent Investiaation. Contractor has made an independent investigation the jobsite, the soil conditions at the jobsite, and all other conditions that mi6 affect the progress of the work, and is aware of those conditions. The Contrz price includes payment for all work that may be done by Contractor, whett- anticipated or not, in order to overcome underground conditions. Any informati1 that may have been furnished to Contractor by District about undergroui conditions or other job conditions is for Contractor's convenience only, and Distr does not warrant that the conditions are as thus indicated. Contractor is satisfil with all job conditions, including underground conditions and has not relied 1 information furnished by District. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall I responsible for all loss or damage arising out of the nature of the work or from tl action of the elements or from any unforeseen difficulties which may arise or I encountered in the prosecution of the work until its acceptance by the Distric Contractor shall also be responsible for expenses incurred in the suspension discontinuance of the work. However, Contractor shall not be responsible 1 reasonable delays in the completion of the work caused by acts of God, storr weather, extra work, or matters which the specifications expressly stipulate will I borne by District. Hazardous Waste or Other Unusual Conditions. If the contract involves diggi, trenches or other excavations that extend deeper than four feet below the surfa Contractor shall promptly, and before the following conditions are disturbed, not District, in writing, of any: A. Material that Contractor believes may be material that is hazardous waste, defined in Section 25117 of the Health and Safety Code, that is required to. removed to a Class I, Class II, or Class Ill disposal site in accordance w provisions of existing law. * 7. B. Subsurface or latent physical conditions at .the site differing from tho indicated. 1 I29 e C. Unknown physical conditions at the site of any unusual nature, differe materially from those ordinarily encountered and generally recognized inherent in work of the character provided for in the contract. District shall promptly investigate the conditions, and if it finds that the conditio1 do materially so differ, or do involve hazardous waste, and cause a decrease increase in contractor's costs of, or the time required for, performance of any p; of the work shall issue a change order under the procedures described in tt contract. In the event that a dispute arises between District and Contractor whether tl conditions materially differ, or involve hazardous waste, or cause a decrease increase in the contractor's cost of, 0: time required for, performance of any part the work, contractor shall not be excused from any scheduled completion dz provided for by the contract, but shall proceed with all work to be performed unc the contract. Contractor shall retain any and all rights provided either by contr: or by law which pertain to the resolution of disputes and protests between t contracting parties. Change Orders. District may, without affecting the validity of the Contract, orc changes, modifications and extra work by issuance of written change order! Contractor shall make no change in the work without the issuance of a writt change order, and Contractor shall not be entitled to compensation for any ex< work performed unless the District has issued a written change order designati in advance the amount of additional compensation to be paid for the work. I1 change order deletes any work, the Contract price shall be reduced by a fair a reasonable amount. If the parties are unable to agree on the amount of reductic the work shall nevertheless proceed and the amount shall be determined litigation. The only person authorized to order changes or extra work is t Project Manager. The written change order must be executed by the Executi Manager or the Board of Directors pursuant to Carlsbad Municipal Code Secti 3.28.172. lmmiaration Reform and Control Act. Contractor certifies he is aware of t requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectio 1 101 -1 525) and has complied and will comply with these requirements, includir but not limited to, verifying the eligibility for employment of all agents, employec subcontractors, and consultants that are included in this Contract. 0 8. al 9. IO. Prevailing Waae. Pursuant to the California Labor Code, the director of t Department of Industrial Relations has determined the general prevailing rate per diem wages in accordance with California Labor Code, Section 1773 anc copy of a schedule of said general prevailing wage rates is on file in the office the City Engineer, and is incorp'orated by reference herein. Pursuant to Califori Labor Code, Section 1775, Contractor shall pay prevailing wages. Contrac 112: I, shall post copies of all applicable prevailing wages on the job site. 11. Indemnification. Contractor shall assume the defense of, pay all expenses defense, and indemnify and hold harmless the District, and its officers a employees, from all claims, loss, damage, injury and liability of every kind, nati and description, directly or indirectly arising from or in connection with 1 performance of the Contractor or work; or from any failure or alleged failure Contractor to comply with any applicable law, rules or regulations including thc relating to safety and health; except for loss or damage which was caused so11 by the active negligence of the District; and from any and all claims, lo damages, injury and liability, howsoever the same may be caused, result1 directly or indirectly from the nature of the work covered by the Contract, unlc the loss or damage was caused solely by the active negligence of the Distric The expenses of defense include all costs and expenses including attorneys fe for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the District against any challenges the award of the contract to Contractor, and Contractor will pay all costs, includr defense costs for the District. Defense costs include the cost of separate coun for District, if District requests separate counsel. e 12. Insurance. Contractor shall procure and maintain for the duration of the contr insurance against claims for injuries to persons or damage to property which rr arise from or in connection with the performance of the work hereunder by 1 Contractor, his agents, representatives, employees or subcontractors. SI insurance shall meet the District policy for insurance as stated in Resolution t 772. (A) COVERAGES AND LIMITS - Contractor shall maintain the types 0 coverages and minimum limits indicted herein: 1. Comprehensive General Liabilitv Insurance: $1,000,000 combined single limit per occurrence for bodily injury 2 property damage. If the policy has an aggregate limit, a sepac aggregate in the amounts specified shall be established for the risks which the District or its agents, officers or employees are additio insured. 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injury i property damage. In addition, the auto policy must cover any vehicle uh in the performance of the contract, used onsite or offsite, whether own1 non-owned or hired, and whether scheduled or non-scheduled. The a insurance certificate must state the coverage is for "any auto" and can be limited in any manner. 112: m 3. Workers' Compensation and Employers' Liabilitv Insurance: Workers' compensation limits as required by the Labor Code of the Sta of California and Employers' Liability limits of $1,000,000 per incideni Workers' compensation offered by the State Compensation Insuranc Fund is acceptable to the District. e (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies insurance required under this agreement contain, or are endorsed to contai the following provisions. General Liability, Employers' Liability ar Automobile Liabi I i ty Coverages: 1. The District, its officials, employees and volunteers are to be covered i additional insured as respects: liability arising out of activities perform( by or on behalf of the Contractor; products and completed operations the contractor; premises owned, leased, hired or borrowed by tt contractor. The coverage shall contain no special limitations on the scol of protection afforded to the District, its officials, employees or volunteer All additional insured endorsements must be evidenced using separa documents attached to the certificate of insurance; one for each compai affording general liability, employers' liability and auto liability coverage. 2. The Contractor's insurance coverage shall be primary insurance i respects the District, its officials, employees and volunteers. Ai insurance or self-insurance maintained by the District, its officia employees or volunteers shall be in excess of the contractor's insuranc and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall n affect coverage provided to the District, its officials, employees volunteers. 4. Coverage shall state that the contractor's insurance shall apply separate to each insured against whom claim is made or suit is brought, except w respect to the limits of the insurer's liability. 0 (C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "clair made" basis, coverage shall be maintained for a period of three ye2 following the date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by tl agreement shall be endorsed to state that coverage shall not be nonrenewc suspended, voided, canceled, or reduced in coverage or limits except afl thirty (30) days' prior written notice has been given to the District by certifi mail, return receipt requested. 1 I29 0 (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Ar deductibles or self-insured retention levels must be declared to and approve by the District. At the option of the District, either: the insurer shall reduce t eliminate such deductibles or self-insured retention levels as respects tt District, its officials and employees; or the contractor shall procure a bot- guaranteeing payment of losses and related investigation, clai administration and defense expenses. rl) (F) WAIVER OF SUBROGATION - All policies of insurance required under th agreement shall contain a waiver of all rights of subrogation the insurer m, have or may acquire against the District or any of its officials or employees. (G) SUBCONTRACTORS - Contractor shall include all subcontractors i insured under its policies or shall furnish separate certificates at endorsements for each subcontractor. Coverages for subcontractors shall I subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure that have a rating in Best's Key Rating Guide of at least A-:V. Insurers mL also be authorized to transact the business of insurance by the State California Insurance Commissioner as admitted carriers as evidenced by listing in the official publication of the Department of Insurance of the State California and/or under the standards specified by the Board of Directors Resolution No. 772. (I) VERIFICATION OF COVERAGE - Contractor shall furnish the District w certificates of insurance and original endorsements affecting covera required by this clause. The certificates and endorsements for ea insurance policy are to be signed by a person authorized by that insurer bind coverage on its behalf. The certificates and endorsements are to be forms approved by the District and are to be received and approved by t District before work commences. (J) COST OF INSURANCE - The Cost of all insurance required under ti agreement shall be included in the Contractor's bid. 0 13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall resolved in accordance with the provisions in the Public Contract Code, Divis 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which incorporated by reference. A copy of Article 1.5 is included in the Spec Provisions Section 1. The contractor shall initially submit all claims over $375,( to the District using the informal dispute resolution process described in Pul Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provision5 this section of the contract, all claims shall comply with the Government Tort CIi 1 /2! e Act (section 900 et seq., of the California Government Code) for any claim cause of action for money or damages prior to filing any lawsuit for breach of t (A) Contractor hereby agrees that any contract claim submitted to the Disti must be asserted as part of the contract process as set forth in this agreemc and not in anticipation of litigation or in conjunction with litigation. 0 agreement. (B) Contractor acknowledges that if a false claim is submitted to the District may be considered fraud and the Contractor may be subject to crimii prosecut ion. 0 Contractor acknowledges that California Government Code sections 12650 seq., the False Claims Act, provides for civil penalties where a per3 knowingly submits a false claim to a public entity. These provisions inch, false claims made with deliberate ignorance of the false information or reckless disregard of the truth or falsity of the information. (D) If the Carlsbad Municipal Water District seeks to recover penalties pursuanl the False Claims Act, it is entitled to recover its litigation costs, includi attorney's fees. (E) Contractor hereby acknowledges that the filing of a false claim may subj the Contractor to an administrative debarment proceeding wherein 1 Contractor may be prevented from further bidding on public contracts foi period of up to five years. 0 (F) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.0: 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein reference. (G) Contractor hereby acknowledges that debarment by another jurisdiction grounds for the Carlsbad Municipal Water District to disqualify the Contrac or subcontractor from participating in contract bidding. I have read and understand all provisions of Section 13 above. 14. Maintenance of Records. Contractor shall maintain and make available at no ( to the District, upon request, records in accordance with Sections 1776 and 3 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does maintain the records at Contractor's principal place of business as specified abc Contractor shall so inform the District by certified letter accompanying the retur this Contract. Contractor shall notify the District by certified mail of any chang address of such records. 112: 4D 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing M Section 1720 of the Labor Code are incorporated herein by reference. 16. Security. Securities in the form of cash, cashier's check, or certified check may substituted for any monies withheld by the District to secure performance of t contract for any obligation established by this contract. Any other security thal mutually agreed to by the Contractor and the District may be substituted for mon withheld to ensure performance under this Contract. e 17. Provisions Required by Law Deemed Inserted. Each and every provision of I and clause required by law to be inserted in this Contract shall be deemed to inserted herein and included herein, and if, through mistake or otherwise, any si provision is not inserted, or is not correctly inserted, then upon application of eitl party, the Contract shall forthwith be physically amended to make such insertion correction. .... .... .... .... 0 .... .... .... .... .... .... ... ... ... ... ... 1/29 a 18. Additional Provisions. Any additional provisions of this agreement are set fortt the "General Provisions" or "Special Provisions" attached hereto and made a F 0 hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: CARLSBAD MUNICIPAL WAT VALWRDE CONSTRUCTION, INC. (name of Contractor) e Secretary Christopher J. Valverde-Secretary (print namehilie) President or vice-president and secretary or assistant secretary must sign corporations. If only one officer signs, the corporation must attach a resolution certil by the secretary or assistant secretary under the corporate seal empowering that offi to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL General Couns By: puty General Counsel 112s e County of os Anpeles On Oct. 11, 1996 beforeme, Goldia Loretta Pereda personally appeared Joe A. Valverde (NAMETTITLE OF OFFICER-i.e."JANE DOE, NOTARY PUBLIC") INAMEW OF SIGNER(SI1 CAPACITY CLAIMED BY SI( Christopher J. Valverde OINDIVIDUALIS) =CORPORATE Presic OFFICERIS) Secre' OPARTNERISI OLlMlTED OGENERAi ITITLESI OGUARDIANICONSERVAT~ SIGNER IS REPRESENTING Valverde Const. Witness my hand and official seal. CAPACITY CLAIMED BY Si OINDIVIDUAL(Sj OCORPORATE OFFICER(S1 ATTENTION NOTARY ITITL The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. 0 PARTNER(S1 0 LIMITEt It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. OGENERi OATTORNEY IN FACT THIS CERTIFICATE Title or Type of Document Bonds/Contracts OTRUSTEE(S) MUST BE ATACHED OGUARDIAN/CONSERVA' TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: OOTHER: SignerIs) Other Than Named Above SIGNER IS REPRESENTINC (Name of Person(s) or Enti 7 ~~~~lllllllll' 67775 Bond Number: B96012559 Premium: included in 0 LABOR AND MATERIALS BOND performance bon WHEREAS, the Board of Directors of the Carlsbad Municipal Water District Carlsbad, State of California, by Resolution Nc. 957 (hereinafter designated as the "Principal"), a Contract for: 1995 DOWNTOWN WATER PROJECT CONSTRUCTION Of POTABLE WAT MAINS IN CARLSBAD VILLAGE DRIVE, LOCUST AVENUE, HARRISON STRE1 CONTRACT NO. 3404 in the Carlsbad Municipal Water District, In strict conformity with the drawings f specifications, and other Contract Documents now on file in the Office of the Sew& of the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad) and all which are incorporated herein by this reference. WHEREAS, Principal has sxacuted or is abaut to execute said Contract end tbe ter thereof require the furnishing of a bond, providing that if Principal or any of tt. subcontractors shall fail to pay bo1 any materials, provlslons, provender or atl supplies or teams used in, upon or about the performance of the work agreed to done, or for any work or labor done therean of any kind, the Surety on this bond \ pay the same to the extent hereinafter set forth. ,, a5 Princip NOW, THEREFORE, WE YALVERDE CONSTUCTIDN. INC. (hereinafter designated ai the "Conl~a~td'), and Surety, are held firmly bound unto the Carlsbad Municipal Water District in the sum c: said sum being fifty percent (50%) of the sstlmated amount payable by the Carisb Municipal Water Dlstrlct under the terms of fhe Contract, for which payment well ai truly to be made we bind ourselves, our heirs, executors and administratol successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hislh subcontractors fail to Dav for any materials. provisions. pfnvender. simplies, nr tear used In, upon, for, or about the pe'dormance OT me WrK contractea to D@ Uone, or 1 any other work or labor themon of any kind, or for amounts due undw ti Unemployment lnsurancs Code with respect to such wrk or labor, or for any amur, required to be deducted, withheld, and paid Over to the Employment Developme Department from the wages of employees of the contractor and subcontracto pursuant Lo Section 13020 of the Unemployment Insurance Code with respect to sw work and labor that the Surety will pay for the same, not to exceed the sum specified the bond, and, also, in case suit is brought upon the bond, casts and reasonab expenses and fees, including reasonable attorney's fees, to be fixed by the court, i required by the provisions of Sectirjn 3248 of the California Civil Code, This bond shall inure to the benefit of any and ail persons, companies and corporatior 1129E adopted OCTOBER 1 Y 1996 has awarded to YALVERDE CONSTRUCTION, fNC-' , HiGHLAND DRNE IN THE CIN OF CARLSBAP, CMWD PROJECT NO. a8-10 \ Ulico Casualty Company a ONE HUNDRED NINETY THOUSAND, SEVEN HUNDRED AND 50/100 Dollars ($190,700~50 a entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Co (commencing with Section 3082). * Surety stipulates and agrees that no change, extension of time, alteration or addition the terms of the Contract, or to he work to be petfamed thereunder or L specifications accompanying tbe same shall affect its obligations on this bond, and does hereby waive notice of any change, extension of time, alterations or addition the terms of the contract or 10 the work or to the specifications, In the event that Contractor is an individual, it is agreed that the death of any su Contractw shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 11th- Executed by SUREW this 10th CONTRACTOR; SURETY: a day of October day of . October ,1926. . ,192- Valverde Construction, Inc. Ulico Casualty Company (name of Contractor) c (name of Surety) 1340 Treat Blvd. Walnut Creek, Ca. 94596 8 (address of Surety) ’\ 510-256-7733 Joe A. Valverde (print name here} a Rosemarie Guanill Attorney-in-Fact (printed name of Attorneyin-Fact) Christopher J. Valverde (attach corporate resolution showin (print name here) (title and organizalion of signatory) (Proper notarial acknowledge of execution by CONTRACTOR and SUR61y must be attachec (President or vicepresident and secretary or assistant secretary must sign for corporations. only one officer signs, the carporation must attach a resolution certified by the secretary c assistant secretary under corporate seal empowering that officer to bind the corporation.) current power of attorney) Secretary of Valverde Co~~t~-~ction 1 i2919 a APPROVED AS TO FORM: RONALD R. BALL General Counsel a By: \ e a 1 E911 -- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of San Francisco M. MOODY before me, DATE NAME TITLE OF OFFICER - E G , "JANE DOE. NOTARY PUBLIC" personally appeared ROSEMARIE GUANILL NAME(S) OF SIGNER(S) to be the person(s) whose name(s) is/: subscribed to the within instrument and i knowledged to me that he/she/they execui the same in his/her/their authoriz capacity(ies), and that by his/her/th signature(s) on the instrument the person or the entity upon behalf of which person(s) acted, executed the instrumc WITNESS my hand and official seal. - Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form. CAPACITY CLAl ME0 BY SIGNER DESCRIPTION OF ATTACHED DOCUME TITLE OR TYPE OF DOCUMENT TITLE@) H AlTORNEY-IN-FACT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIP/(IES) SIGNER(S) OTHER THAN NAMED ABOVE ULICO CASUALTY COMPANY 843 11 1 Massachusetts Avenue, N.W. Washington, DC 20001 I-~~C~ 0 POWER OFATTORNEY Know A// Men By These Presents: That Ulico Casualty Company, A Delaware Corporation, having its principal office in Washington, DC, p following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day oflanuary, 1993: RESOLVED: “That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers-of-Attorney, qualifying the attorney Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corpori Corporation, in the transaction of its surety business. “ RESOLVED: ”That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attor certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shal binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached. ” This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Rosemarie Guanill, L.P. Tosse, 1.M. Albada, P. Reekers, M. Moody and john W. Davis of Wi California of San Francisco, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its na stead to sign, execute, acknowledge and deliver in its behali, and as its act and deed, without power of redelegation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCED THREE MILLION ($3,000,000.00) DOLLARS; to bind ( Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all t Attorney(sJ-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and C Officer and its Corporate seal to be affixed this 25th day ofjune, 1996 hjs powpg of Aff~rnpsey i$ v&td ude$$ fh seal k rpidddp, the &?~f k h hhck id$ fhf? Si@M&Y!T§ are h &&Ck hk, this edi‘&/ andi 4 a k%Xhpd to a document executf?d subseqaaenf to January Yt 8999. District of Columbia 5s: On this 25th day of lune, 1996, before the subscribe , duly commissioned and therein, and who execu of Ulico Casualty Company to me personally known acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscrir instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now In Testimony Whereof, / have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written. ~ AUSTIC~. 6- 1 / #oTARY B~. &zf A A tary public D.Y. &ice ’ lea . .. om %>P”BL’c+~ 9/C’CrOF c4 y Commissi n ges: gy Rictaar)r Qnmisa P ’ pj By; YFkFU CER TIFICA TION /, joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution 2 Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and Attorney are in full force and effect. In Witness Whereof, / have hereunto set my hand and affixed the seal of the corporation this day of np +&2r , 799-6 j p A. rabillo, Assistant Secretary I;, SEAL w UCB-IOZPOAI (09/94) RIGHT THUMBPRINT (OF County of ~0s we~es lNAME/TlTLE OF OFFICER-I e "JANE DOE, NOTARY PUBLIC") personally appeared Joe A. Valverde (NAMEIS) OF SIGNERIS)) CAPACITY CLAIMED BY S @CORPORATE Pr& OFFICER(S1 %ere 0 PARTNER(S) 0 LIMITEL OGENERl Christopher J. Valverde OINDIVIDUAL(S) (TITLE 0 GUARDlANlCONSERVAl SIGNER IS REPRESENTINO CAPACITY CLAIMED BY S OINDIVIDUALIS) OCORPORATE OFFICERIS) ATTENTION NOTARY (TITLI The information requested below and in the column to the right IS OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any 0 PARTNERW 0 LIMITEL unauthorized document. OGENERl THIS CERTIFICATE Title or Type of Document xs OTRUSTEE(S) MUST BE AlTACHED OGUARDIAN/CONSERVAl TO THE DOCUMENT Number of Pages Date of Document OOTHER DESCRIBED AT RIGHT OATTORNEY IN FACT Signerls) Other Than Named Above SIGNER IS REPRESENTING (Name of Person(s) or Enti 7 ~~~~ll1111111 67775 I < Bond Number: B96012559 Premium: $6,721.00 FAITHFUL PERFORMANCEMTARRANTY BOND 0 WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has awarded to -1 VFR~FTI~" T NC, (hereinafter designated as the "Principal"), a Contract for: 1995 DOWNTOWN WATER PROJECT CONSTRUCTION OF POTABLE WATE MAINS IN CARLSBAD VILLAGE DRIVE, LOCUST AVENUE, HAFWSON STREE AND HIGHLAND DRNE IN THE Cim OF CARLQBAD, CWMD PROJECT NO. 88=1( - CONTRACT 3404 hrlshad, State of California, by Resolution NO. 957 , ~doptcd, WTflRFR 1 # 1 in the Carlsbad Municipal Water District, in strict conformity with the contract, tl drawings and specifications, and other Contract Documents now on file in the Office the Secretary af the Carlsbad Municipal Water District (City Clerk of the City Carlsbad), all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terr thereof require the furnishing of a bond for the faithful performance and warranty said Contract; NOW, THEREFORE, WE, VALVERDE CONSTRUCTION, INC , as Princip (hereinafter designated as the "Contractor"), and Ulico Casualty Company 5 as Surety, are held and firmly bound unto the Carlsbad Municipal Water District, in t sumof THREE HUNDRED EIGHTY THOUSAND, FOUR HUNDRED ONE AND OO/lOO ), said sum being equal to o hundred percent (100%) of the estimated amount of #e Contract, to be paid Carlsbad Municipal Water District or its certain attorney, its 8utxXssbrs and assigns; ' which payment, well and truly to be mads, we bind aurselves, our heirs, executors a administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bound Contractor, thelr heks, 8x~cutor3, administrators, suCr;eSsors or assigns, shall in things stand to and abide by, and well and truly keep snd perform the cdvenar conditions, and agreements in the Contract and any alteration thereof made as then prwided on their part, to be kept and performed at the time and in the manner therl specified, and in all respects according to their true intent and meaning, and sr indemnify and save harmless the Carlsbad Municipal Water District, its offi~ employees and agents, as therein stipulated, then this Qbligation shall become null E void; otherwise it shall remahi in full form and effect As a part of the obligation secured hereby and in addition to the face amount specif therefor, there shall be included cosis and reasonable expeflses and fees, includ reasonable attorney's fees, incurred by the District in successfully enforcing st obligation, all to be taxed as costs and included in any judgment rendered. Dollars ($,381. ,401.00 e e 1/29 37 Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms OF the Contract, or lo 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 specificationsh the event that Ccbntracfor is an indlvldual, 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, 11th Executed by SURETY this . loth CONTRACTOR: SURETY: 0 ,19 96. day of October , 1996. day of October Valverde Construction, Inc. Ulico Casualty Company name af Contrackor} (name of Surety) 1340 Treat Blvd. Walnut Creek, Ca. 94596 (address of Surety) 510-256-7733 Joe A. Valverde (print name here) Rosemarie Guanill Attorney -- &I Fact a [printed name of Attwneyin-Fad) Christopher J. Valverde (Attach corporate resolution showing (print name here) current power of attorney.) Secretary of Valverde Construction (Title end Organization of signatory) (Proper notarial acknowledge of execulion by CONTRACTOR and SURETY must be attached.) (President or vice-president and . sewetary 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.) 0 t 129196 APPROVED A$ TU FORM: RONALD R. BALL General Counsel a By; \ 0 e 112919 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco before me, M. MOODY DATE NAME TITLE OF OFFICER - E GI "JANE DOE, NOTARY PUBLIC" personally appeared ROSEMARIE GUANILL NAME(S) OF SIGNER@) m personally known to me - OR - proved to me on the basis of satisfactory evider to be the person(s) whose name(s) is/; subscribed to the within instrument and knowledged to me that he/she/they execu the same in his/her/their authoriz capacity(ies), and that by his/her/th signature(s) on the instrument the person or the entity upon behalf of which 1 person(s) acted, executed the instrume Though the data below is not required by law, it may prove valuable to persons relying on the document and could pri fraudulent reattachment of this form. CAPACITY CLAl M ED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE@) NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(1ES) SIGNER(S) OTHER THAN NAMED ABOVE RIGHT THUMBPRINT (Op State of California County of -lew personally appeared Joe A. Valverde (NAMES1 OF SIGNERIS11 CAPACITY CLAIMED BY SI Christopher J. Valverde OINDIVIDUALIS) *CORPORATE p& OFFICERIS) Secret ITITLES OPARTNERW OLlMlTEO OGENERP OGUARDIANKONSERVAl SIGNER IS REPRESENTING Witness my hand and official seal. CAPACITY CLAIMED BY S OINDIVIDUAL(S) OCORPORATE OFFICERIS) ATTENTION NOTARY ITITLI The information requested below and in the column to the right IS OPTIONAL. Recording of this document IS not required by law and IS also optional. unauthorized document. It could, however, prevent fraudulent attachment of this certificate to any OPARTNERIS) OLIMITEC OGENERL OAUORNEY IN FACT THIS CERTIFICATE OTRUSTEE(S1 MUST BE ATTACHED OGUARDIAN/CONSERVAl TO THE DOCUMENT Numberof Pages DESCRIBED AT RIGHT Date of Document OOTHER Signerls) Other Than Named Above SIGNER IS REPRESENTING (Name of Personb) or Enti 7 (~~~ll11111ll 67775 I COMMERCIAL GENERAL LIABILITY 0 POLICY NUMBER: GL818 6 105 INSURED : Valverde Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) The endorsement modifies insurance provided under the followi COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: Schedule : Carlsbad Municipal Water District, Re: 1995 Downtown Watl its officials, employees & Volunteers Project The City of Carlsbad Contract No. 3404 1200 Carlsbad Village Drive Carlsbad, CA 92008 If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) . WHO IS AN INSURED (Section 11) is amended to include as an insur the person or organization shown in the Schedule, but only as re to liability arising out of "your work" for that insured by or f you. This insurance shall apply as primary insurance as respects any or organization for whom or which you have agreed by written con or permit to provide insurance on a primary basis. Any other ins available to such person or organization shall be excess of this insurance and the carrier will not seek contribution from such o insurance maintained by and available to such person or organiza e CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1 0 . COMMERCIAL AUTOMOBILE 0 POLICY NUMBER: CA82 0 18 57 INSURANCE COMPANY: National Union Fire Insurance Co. INSURED : Valverde Construction, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGAt3I ZATi ON The endorsement modifies insurance provided under the followi BUSINESS AUTO COVERAGE FORM Name of Person or Organization: Schedule: Carlsbad Municipal Water District, Re: 1995 Downtown WE its officials, employees & volunteers Pro j ect The City of Carlsbad Contract No. 34C Carlsbad, CA 92008 1200 Carlsbad Village Drive If no entry appears above, information required to complete thiE endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS AN INSURED (Section 11) is amended to include as an insur the person or organization shown in the Schedule, but only as re to liability arising out of the ownership, maintenance, or use c covered "auto". CA 76 08 07 88 Copyright, Insurance Services Office, Inc., a "VI LY "Y .1"11 .* ,.1 e < a CITY OF WSBN SURPLUS LWE BROXER NPKDAVTT Broker Name; me WWbJCdiL- qy Xingurance Sepicca, Ins. AJdlCb!.. We Park kl.az:a L -5nitc. 44U Cii yi Srarw'ZIp : Kx'vPms, q 22614 - Dare: ,, 1P./lJ96 -. Pmjea Name: Contract 63404.- Dmtoym Water Proiect T'e of Insurance: General ZiabS1it-v 1 1 ccrbFfs br The Woodirch Campa& h the Bm]ke;p ~fR.ecard fog Valverdc Csunsrrsxrri ("t3m.racror") who is nequhed to provide j.awraa;lze uasdcs the spetificatiow ;3~ rhe above corGct. I mer cert-ify thar as ~rol~e~ clt! ~ernvi for Gonrramr, I have mnmteti the insurance ampanies listed helow, aU of whom mea &e aqps reqtibements hduded in ~esaludm NO- -x-ciCs_S , and all aB whom hxw whseeil ta w&e the requixed pslicy due eo &c type of risk involvedq Inauranee CaniCr: blame of Contact: Hike McEiII AJdXbX 17542 E. 17th Street, "rustipl, CA 92680 Date: July 1996 Reason far bhnsal: Undcrwritkni Bcason Fireman' s Fund, Tnsmrance Company - 0 Listed by State Tnsumnce Gxnrdssfo ner We$/ N a) ' YES: A xv Beds Rating -- IrrlersiLnce Csrricir: aiancce Insiisanc e. Ccnnpanv I Hame of tornracc; Gcor~e Corolla (reached Chrowlh Tri-City Insurance Bro Ad dress: - 5q California Str=#2955 San Francisco, CA 94111 Dare: hly 1996 Reason far RcXersisl; Bests Ralilp; ~3 L.isa;ed by Stare fnesuricr 2: .. - Underwriting Keasud -' Comlasidnch flies/No) * I._ I._ ----- yL, 8 1 uu A Insurance Canicr: - Nor chbrook/!&-J’at 11 - 0 Name ah Contw: Candy yawkins Address: -*-----r 27%7 Fhst Imperial Hi-y. Br~u 0 ace: July 1996 ~lceson for hhPrdai: kt-+ XIV ljsad by Stare insumre A Sesr‘s Ratitx 4-w- ~ Undemitiw 8easnm CorawblSSiOner (Y@S1’WQ) American Specialty t,j.me~ Xnte,mattonaI ronewrnr is rpcpersti-pg d;lt the C~W accept I-- CO- CM~ CO~P~PW~Q W a SUW~~ he eanier hav-iq 3x1 A-:V or better raring in the ra~~t; ~a~errt issuebf 63~’~ Ratirrg Q~de aid who haF = office within thp Sfare uf C&hda at &e! fofiahg aaddrress b order 10 dfW ~~fiCf! of process. Name d Surpluo he Garnicr; Address: 1., American Specblty Lines Tnternational tns. Co. IA$I.fCB 777 S- Figiwrm Ciry/SCatefaip : hOs Angdes, CA 9DQPO a&j&Ess @ &fec:c SEnfiCC of Proce.ss W-WA dile state of eauQxib. Name: Ad dra % : - Cip/ScareJZip: X cedy und@r pmallry of p@jivy hat rhe fowephg hcrs are me and concc~~ Dil1d; Signed; e TV 2 777 S. Fipxraa Lws AMgeBra, CA 900BO 1141/96 William S. Wooditch, The Wwodicoh Company 0 I c a CIllll dii m- a- THE WOQDITCH COMPANY INS1 RANCF SERVICFS, iNC FACSIMILE TENSlklISSIO?i COVER PAGE DAFE: lljl&196 l'ig? FAX #: (619) 434-28% NO, BP PAGES: 3 * TO: Mrv Kevin Davis - Purchashg !lepa-rtmmt CO!V~PAlvY: ciry of ~sl5b;pn Lauri Davi PROM: RE: Valvcrdc Construckion. knc, REM-4.4RM8: Kevh z Per our conversation, to foll~b~ is che City of CasPsbad Suxplus Lhe Broker for vakverde ~~n~tmction, Inc. I vfll mi; another original today, and i,mcludic Purchashg neparcmenr; In ad please call fl: you have any questions whatsoever. 'hank you! I- ,d.;J-)@/P / '-/ // I * [)NE FA4W k'L4ZA - SUITE 430 - IRVINE, CA 92614 - (714)553-9%c)O -FAX (714)553-0670 The Wooditch Company Insurance Services, Inc. ine CA 92714 _--_-I._- ER'S & CONTRACTOR'S PROT Per Project Aggr. ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS THE PROPRIETOR/ ict, its officials, employees & volunteers r attached endorsements. Carlsbad Municipal Water District c/o The City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 r3) 39 CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION * The following representation and certification should be completed, signed and returned to City of Carlsbad. REPRESENTATIONS: Mark all applicable blanks. ownership, operation and control of the business, in is: Are you currently certified by CALTRANS? NO - This offeror represents as part of this offer that the accordance with the specific definitions listed below Certiication #: - 45 YES xx CERTIFICATION OF BUSINESS REPRESENTAT Mark all applicable blanks. This offeror represenl part of this offer that: This firm is=, is not- a minority business. This firm is-, is not- a woman-owned busine WOMAN-OWNED BUSINESS: A woman-ownec ness is a business of which at least 51 percent is I controlled and operated by a woman or wo, Controlled is defined as exercising the power to policy decisions. Operation is defined as actually in in the dayto-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE: DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority Installation of Underground Utilities Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, LICENSE NUMBER: 276469 Native Americans (i.e. American Indian, Eskimos, Americans (i.e., U.S. Citiiens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION The information furnished is certiid to be factual and correct as of the date submitted. * CONSTRUCTION CONTRACTOR: members. The Small Business Administration CLASSIFICATION(S): A Aleuts and Native Hawaiians), and Asian-Pacific TAXPAYERS I.D. NO. 95-2774389 VALVERDE CONSTRUCTION, INC. Joe A. Valverde COMPANY NAME PRINTED NAME 12402 Philadelphia Street ADDRESS TITLE Whittier, Ca 90601 ,ITY, STATE AND ZIP TELEPHONE NUMBER (r 310-693-2763 1 129196 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION e This Escrow Agreement is made and entered into by and between the Carlsl Municipal Water District whose address is 5950 El Camino Real, Carlsbad, Califorr 92008, hereinafter called "District" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Ager For the consideration hereinafter set forth, the District, Contractor and Escrow Ag agree as follows: 1. Pursuant to Sections 22300 and 10263 of the Public Contract Code of the Statc California, the contractor has the option to deposit securities with the Escrow Agl as a substitute for retention earnings required to be withheld by the District pursu, to the Construction Contract entered into between the District and Contractor in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of contractor, the District shall make payments of the retention earnings directly to escrow agent. When the Contractor deposits the securities as a substitute Contract earnings, the Escrow Agent shall notify the District within IO days of deposit. The Escrow Agent shall maintain insurance to cover negligent acts i omissions of the escrow agent in connection with the handling of retentions unc these sections in an amount not less than $100,000 per contract. The market val of the securities at the time of the substitution shall be at least equal to the ca amount then required to be withheld as retention under the terms of the contri between the District and Contractor. Securities shall be held in the name of 1 , and shall designate the Contractor as i beneficial owner. e 2. The District shall make progress payments to the Contractor for such funds wh otherwise would be withheld from progress payments pursuant to the Conk provisions, provided that the Escrow Agent holds securities in the form and amoi specified above. 3. When the District makes payment of retentions earned directly to the escrow age the escrow agent shall hold them for the benefit of the contractor until such time 0 1 I291 the escrow created under this contract is terminated. The contractor may direct investment of the payments into securities. All terms and conditions of agreement and the rights and responsibilities of the parties shall be equ applicable and binding when the District pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred the Escrow Agent in administering the Escrow Account and all expenses of District. These expenses and payment terms shall be determined by the Disti Contractor and Escrow Agent. * 5. The interest earned on the securities or the money market accounts held in escr and all interest earned on that interest shall be for the sole account of Contrac and shall be subject to withdrawal by Contractor at any time and from time to ti without notice to the District. 6. Contractor shall have the right to withdraw all or any part of the principal in Escrow Account only by written notice to Escrow Agent accompanied by writ authorization from District to the Escrow Agent that District consents to withdrawal of the amount sought to be withdrawn by Contractor. 7. The District shall have a right to draw upon the securities in the event of default the Contractor. Upon seven days' written notice to the Escrow Agent from District of the default, the Escrow Agent shall immediately convert the securities cash and shall distribute the cash as instructed by the District. e 8. Upon receipt of written notification from the District certifying that the Contracl final and complete and that the Contractor has complied with all requirements i procedures applicable to the Contract, the Escrow Agent shall release to Contrac all securities and interest on deposit less escrow fees and charges of the Escr Account. The escrow shall be closed immediately upon disbursement of all mom and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the District and contractor pursuant to Sections (1) to (8), inclusive, of this agreement and District and Contractor shall hold Escrow Agent harmless from Escrow Age1 release, conversion and disbursement of the saxrities and interest as set fc above. ... ... ... 46 11291 10. The names of the persons who are authorized to give written notices or to rea written notice on behalf of the District and on behalf of Contractor in conned with the foregoing, and exemplars of their respective signatures are as follows: e For District: Title Name Signa tu re Address For Contractor: Title Name Signature Address * For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the District and Contractor shall delivei the Escrow Agent a fully executed counterpart of this Agreement. 1/29) e IN WITNESS WHEREOF, the parties have executed this Agreement by their prc officers on the date first set forth above. a For District: Title Name Signature Address Escrow Agent : Title Name Signature Address a Title Name For Contractor: Signature Address I I29 0 RELEASE FORM -THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTt a PROGRESS PAYMENTS. NAME OF CONTRACTOR: PROJECT DESCRI PTl ON : PERIOD WORK PERFORMED: RETENTION AMOUNT FOR THIS PERIOD: $ DISPUTED WORWCLAIMS DESCRIPTION OF DISPUTED WORWCLAIM AMOUNT CLAIMED (OR ESTIMATE) 0 Contractor further expressly waives and releases any claim Contractor may have, whatever type or nature, for the period specified which is not shown as dispui worWclaim on this form. This release and waiver has been made voluntarily Contractor without any fraud, duress or undue influence by any person or ent Contractor is referred to paragraph 4 of the Public Works Contract. Contractor acknowledges full cognizance of the California False Claims 1 Government Code Sections 12650-1 2655 and Carlsbad Municipal Code Sectic 3.32.025 to 3.32.028 implementing the California False Claims Act and certifies that claims submitted to the District shall be subject to the provisions of said codes a regulations. Contractor further certifies, warrants, and represents that all bills for labor, materis 4B 1 I29 and work due Subcontractors for the specified period will be paid according to PC Contract Code Section 20104.50 and Business and Professions Code Section 71( and that the parties signing below on behalf of Contractor have express authorit execute this release. @ DATED: PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporat etc.) By: Title By: Title 0 II) 1 /29i SPECIAL P ROVlSlO N S 1. ADDITIONS AND AMENDMENTS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION e 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of sir import are used, it shall be understood that reference is made to the pi( accompanying these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are usec shall be understood that the direction, designation or selection of the Engineei intended, unless stated otherwise. The word "required" and words of similar iml shall be understood to mean "as required to properly complete the work as requil and as approved by the District Engineer," unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of sim import are used, it shall be understood such words are followed by the expression the opinion of the Engineer," unless otherwise stated. Where the words "approve "approval," "acceptance," or words of similar import are used, it shall be understc that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her1 expense, shall perform all operations, labor, tools and equipment, and further, includ the furnishing and installing of materials that are indicated, specified or required mean that the Contractor, at her/his expense, shall furnish and install the wc complete in place and ready to use, including furnishing of necessary labor, materk tools, equipment, and transportation. @ Technical Specificati e i zi am F 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the Carlsbad Municipal Water District of Carlsbad, California Engineer - the District Engineer for the Carlsbad Municipal Water District or approved representative e 2-4 CONTRACT BONDS Delete the third sentence of the first paragraph having to do with a surety being lis in the latest revision 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 bc (labor and materials bond) for this contract. The faithful performance/warranty bc shall be in the amount of 100 percent of the contract price and the payment bond st be in the amount of 50 percent of the contract price. Both bonds shall extend in force and effect and be retained by the District during the course of this project u they are released according to the provisions of this section. The faithful performancelwarranty bond will be reduced to 25 percent of the origii amount 35 days after recordation of the Notice of Completion and will remain in I force and effect for the one year warranty period and until all warranty repairs i completed to the satisfaction of the District Engineer. The payment bond shall be released six months plus 35 days after recordation oft 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 transact the business of insurance in California and whose assets exceed th liabilities in an amount equal to or in excess of the amount of the bond. The bonds i to contain the following documents: 1) An original, or a certified copy , of the unrevoked appointment, power of attornt by laws, or other instrument entitling or authorizing the person who executed tl bond to do so. * Technical Specificatk 1 2/18/95 R e 2) A certified copy of the certificate of authority of the insurer issued by the insura commissioner. If the bid is accepted, the District may require a financial statement of the assets liabilities of the insurer at the end of the quarter calendar year prior to 30 days I preceding the date of the execution of the bond. The financial statement shall be m by an officer's certificate as defined in Section 173 of the Corporations Code. In case of a foreign insurer, the financial statement may be verified by the oath of principal officer or manager residing within the United States. 4D 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work include the Carlsbad Rules & Requlations Construction of Potable Water Mains (October 1993) and the Stand SDecifications for Public Works Construction, (SSPWC), 1994 Edition, and the la supplement, hereinafter designated "SSPWC", as issued by the Southern Califoi Chapter of the American Public Works Association, and as amended by the Spe Provisions section of this contract. The Construction Plans consist of 27 sheet(s) designated as Carlsbad Munici Water District Drawing No. 88-107. The standard drawings utilized for this project the latest edition of the San Dieao Area Reaional Standard Drawinas, hereina designated SDRS, as issued by the San Diego County Department of Public Woi together with the Carlsbad Rules & Requlations for Construction of Potable Wa Mains (October 1993) and San Dieao Reaional Drawinas (SDRSD) as issued the San Dieao County Department of Public Works. Copies of pertinent stand drawings are enclosed with these documents. All plans and specifications, including a Traffic Control Plan if applicable, shall approved by the District as a condition precedent to issuance of a Notice to Proceed. To Section 2-5.3, Shop Drawings and Submittals, add: Where installation of work is required in accordance with the product manufacturc direction, the Contractor shall obtain and distribute the necessary copies of si instruction, including two (2) copies to the District. To Section 2-5, add: 2-5.4 Record Drawinas: The Contractor shall provide and keep up-to-date a complete "as-built" record set transparent sepias, which shall be corrected daily and show every change from 1 original drawings and specifications and the exact "as-built" locations, sizes and kir: Technical Specifikatic 12/18/95 F @ @ of equipment, underground piping, valves, and all other work not visible at surf grade. Prints for this purpose may be obtained from the District at cost. This SE drawings shall be kept on the job and shall be used only as a record set and shal delivered to the Engineer upon completion of the work. @ 2-8 RIGHT-OF-WAY Add the following: Location of additional work areas (staging area) shall be as selected by the Contra4 but subject to District approval. No permits required. The staging area may be placed in a pipeline easement or the Contractor may m, arrangements with an adjacent property owner for an appropriate site. Staging area may not be placed in or impact a public parking facility, may not graded, interfere with traffic, operation of a utility, impede drainage, or in anyway af environmentally sensitive habitats or endangered species. Aside from arrangements made between the property owner and contractor, after w has been completed, the staging area shall be returned to its original condit including necessary hydroseeding to replace removed or damaged vegetation. No separate payment will be made for a staging area. 2-9 SURVEYING * To Section 2.9 Survey Service, add the following: District Engineer will establish a system of surveyed horizontal control points at fif. foot stations throughout the project and at each angle point location. 7 Contractor shall establish all intermediate lines and grades through the use appropriate equipment. To Section 2.9-1 Permanent Survey Markers, add the following: Where bench marks or other permanent markers must be disturbed or removed construction of the Project, carefully preserve each item until a reference has be made for its relocation, notify the District Engineer in sufficient time for each item to relocated without causing delay in the Work, and pay all costs related to SL relocation. The Contractor shall pay double time for surveying work that he request to be do (50) prior to 7:OO P.M. or after 3100 P.M., MONDAY THROUGH FRIDAY, OR ON HOLIDAYS WEEKENDS Technical Specificati * izi 8/95 F Contractor shall employ a licensed land surveyor or registered civil engineer to perf necessary surveying for this project. Requirements of the Contractor pertaining to item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include COI surveying service within appropriate items of proposal. No separate payment wil made. Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at intervals (25' intervals for curves), curb returns at BCR, 114, 1/2, 3/4, and E headers, sewers, storm drains, and structures (4 corners min.). Rough grade required to satisfy cut of fill to finished grade (or flowline) as indicated on a gr, sheet. Contractor shall transfer grade hubs for construction and inspection purposes to cr( line base grade of streets as required by Engineer. Contractor shall protect in place or replace all obliterated survey monuments as Section 8771 of the Business and Professional Code. Contractor shall provide Engineer with 2 copies of survey cut sheets prior commencing construction of surveyed item. @ 3-5 DISPUTED WORK To Section 3-5 DISPUTED WORK, add the following: All claims by the contractor for $375,000 or less shall be resolved in accordance \ the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article (commencing with Section 20104) which is set forth below: e Article 1.5 Resolution of Construction Claims 20104. (a)(l) This article applies to all public works claims of three hundred sever five thousand dollars ($375,000) or less which arise between a contractor and a lo agency. (2) This article shall not apply to any claims resulting from a contract betweei contractor and a public agency when the public agency has elected to resolve i disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of F 2. (b)( 1 ) "Public work" has the same meaning as in Sections 31 00 and 31 06 of the C Code, except that "public work" does not include any work or improvement contrac 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, payment of money or damages arising from work done by, or on behalf of, 1 contractor pursuant to the contract for a public work and payment of which is I otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) amount the payment of which is disputed by the local agency. Technical Specificati la1 8/95 F 0 (c) The provisions of this article or a summary thereof shall be set forth in the pi (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 necessar)l substantiate the claim. Claims must be filed on or before the date of final paym Nothing in this subdivision is intended to extend the time limit or supersede nc requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency s respond in writing to any written claim within 45 days of receipt of the claim, or r request, in writing, within 30 days of receipt of the claim, any additional documenta supporting the claim or relating to defenses to the claim the local agency may h against the claimant. (2) If additional information is thereafter required, it shall be requested and provi pursuant to this subdivision, upon mutual agreement of the local agency and claimant. (3) The local agency's written response to the claim, as further documented, shal submitted to the claimant within 15 days after receipt of the further documentatior within a period of time no greater than that taken by the claimant in producing additional information, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equa three hundred seventy-five thousand dollars ($375,000), the local agency shall respc in writing to all written claims within 60 days of receipt of the claim, or may request writing, within 30 days of receipt of the claim, any additional documentation supporl the claim or relating to defenses to the claim the local agency may have against claimant. (2) If additional information is thereafter required, it shall be requested and provic pursuant to this subdivision, upon mutual agreement of the local agency and claimant. (3) The local agency's written response to the claim, as further documented, shall submitted to the claimant within 30 days after receipt of the further documentation, within a period of time no greater than that taken by the claimant in producing additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the locsll age! fails to respond within the time prescribed, the claimant may so notify the local ager in writing, either within 15 days of receipt of the local agency's response or within days of the local agency's failure to respond within the time prescribed, respectivt and demand an informal conference to meet and confer for settlement of the issue5 dispute. Upon a demand, the local agency shall schedule a meet and cor conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remain: dispute, the claimant may file a claim as provided in Chapter 1 (commencing H Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 Title 1 of the Government Code. For purposes of those provisions, the running of 1 period of time within which a claim must be filed shall be tolled from the time 1 claimant submits his or her written claim pursuant to subdivision (a) until the time tl Technical Specifkati or specifications for any work which may give rise to a claim under this article. e @ a I 21.1 8/95 F claim is denied as a result of the meet and confer process, including any period of t utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended shall be construed to change the time periods for filing tort claims or actions speci by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Sec 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 res( claims subject to this article: {a) Within 60 days, but no earlier than 30 days, following the filing or responi pleadings, the court shall submit the matter to nonbinding mediation unless waivec mutual stipulation of both parties. The mediation process shall provide for the selec within 15 days by both parties of a disinterested third person as mediator, shall commenced within 30 days of the submittal, and shall be concluded within 15 days fi the commencement of the mediation unless a time requirement is extended up0 good cause showing to the court or by stipulation of both parties. If the parties fai select a mediator within the 15-day period, any party may petition the court to appl the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judi arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title C Part 3 of the Code of Civil Procedure, notwithstanding Section 11 41 .I 1 of that cc The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chaptt of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceec brought under the subdivision consistent with the rules pertaining to judicial arbitratic (2) Notwithstanding any other provision of law, upon stipulation of the part arbitrators appointed for purposes of this article shall be experienced in construc law, and, upon stipulation of the parties, mediators and arbitrators shall be p necessary and reasonable hourly rates of pay not to exceed their customary rate, : such fees and expenses shall be paid equally by the parties, except in the case arbitration where the arbitrator, for good cause, determines a different division. In 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 I the Code of Civil Procedure, any party who after receiving an arbitration aw requests a trial de novo but does not obtain a more favorable judgment shall, addition to payment of costs and fees under that chapter, pay the attorney's fees of other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a Cli 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 4 legal rate on any arbitration award or judgment. The interest shall begin to accrue the date the suit is filed in a court of law. e II) 4-1 MATERIALS AND WORKMANSHIP 0 To Section 4-1.3.1, Inspection Requirements, General, add: Technical Specificati 12/18/95 F All work shall be under the observation of the Engineer or his appointed representat The Engineer shall have free access to any or all parts of work at any time. Contra shall furnish Engineer with such information as may be necessary to keep herlhim I informed regarding progress and manner of work and character of material Inspection of work shall not relieve Contractor from any obligation to fulfill this Contr( Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of test materials and/or workmanship where the results of such tests meet or exceed requirements indicated in the Standard Specifications and the Special Provisions. 1 cost of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall approved by him before the delivery is started. All materials proposed for use may inspected or tested at any time during their preparation and use. If, after trial, i found that sources of supply which have been approved do not furnish a unifc product, or if the product from any source proves unacceptable at any time, Contractor shall furnish approved material from other approved sources. Material t fails to meet specifications after-improper storage, handling or any other reason st be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the pk and the SSPWC. Compaction tests may be made by the District and all costs for te that meet or exceed the requirements of the specifications shall be borne by District. Said tests may be made at any place along the work as deemed necessary by Engineer. The costs of any retests made necessary by noncompliance with specifications shall be borne by the Contractor. Add the following section: 4-1.9 Nonconformina Work The contractor shall remove and replace any work not conforming to the plans specifications upon written order by the Engineer. Any cost caused by reason of t nonconforming work shall be borne by the Contractor. (# @ 5-1 LOCATION Add the following: The Carlsbad Municipal Water District and affected utility companies have, by a sear of known records, endeavored to locate and indicate on the Plans, all utilities whi Technical Specifkatic la1 8/95 R @ exist within the limits of the work. However, the accuracy of completeness of utilities indicated on the Plans is not guaranteed. e .5-4 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including sen connection, desired by the Contractor for hidher own convenience shall be Contractor's own responsibility, and he/she shall make all arrangements regard such work at no cost to the District. If delays occur due to utilities relocations wt- were not shown on the Plans, it will be solely the District's option to extend completion date. In order to minimize delays to the Contractor caused by the failure of other parties relocate utilities which interfere with the construction, the Contractor, upon request the District, may be permitted to temporarily omit the portion of work affected by 1 utility. The portion thus omitted shall be constructed by the Contractor immediat following the relocation of the utility involved unless otherwise directed by the District 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: @ 1. The prime contractor is required to prepare in advance and submit at the time the project preconstruction meeting a detailed critical path method (CPM) projt schedule. This schedule is subject to the review and approval of the City a, such approval shall be a condition precedent to issuance of the Notice Proceed by District. 2. The schedule shall show a complete sequence of construction activitie identifying work for the complete project in addition to work requiring separs stages, as well as any other logically grouped activities. The schedule sh indicate the early and late start, early and late finish, 50% and 90% completic and any other major construction milestones, materials and equipme manufacture and delivery, logic ties, float dates, and duration. 3. The prime contractor shall revise and resubmit for approval the schedule i required by District when progress is not in compliance with the origin schedule. The prime contractor shall submit revised project schedules with ea( and every application for monthly progress payment identifying changes sin( the previous version of the schedule. 4. The schedule shall indicate estimated percentage of completion for each item ( Technical Specificatioi la1 8/95 Re e work at each and every submission. 5. The failure of the prime contractor to submit, maintain, or revise aforementioned schedule (s) shall enable District, at its sole election, to withh up to 10% of the monthly progress payment otherwise due and payable to contractor until the schedule has been submitted by the prime contractor i approved by District as to completeness and conformance with aforementioned provisions. a No changes shall be made to the construction schedule without the prior writ approval of the Engineer. Any progress payments made after the schedu completion date shall not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflict utilities shall be requirements prior to commencement of work by the Contractor. Project phasing (order of work) is indicated on the traffic control plans. The Contrac shall utilize this order of work when preparing the CPM Schedule. 6-5 TERMINATION OF CONTRACT Add the following: Grounds for termination of the contract by the District include failure of the Distrid Contractor to obtain necessary permits from other governmental agencies, unreasonable delay caused by enforcement of laws and regulations by other pul agencies, including but not limited to, enforcement of the Endangered Species Act i other similar laws. 0 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR Add the following: The District shall not be liable for delay caused by the enforcement of laws i regulations by other public agencies, including but not limited to, enforcement of Endangered Species Act and other similar laws. 6-7 TIME OF COMPLETION Add the following: The Contractor shall begin work within calendar days after receipt of "Notice to Proceed" and shall diligently prosecute the work to completion within - ten (IO) 100 consecutive days after the date of the Notice to Proceed. e To Section 6-7.2, Working Day, add: Technical Specificat 12/18/95 I 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completi and any faulty work or materials discovered during the guarantee period shall repaired or replaced by the Contractor, at his expense. Twenty-five percent of faithful performance bond shall be retained as a warranty bond for the one y warranty period. e 6-9 LIQUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the con:ractor will be assessed the sum of $ 500 per day for each day beyond the completion date as liquidated damages for the del Any progress payments made after the specified completion date shall not constitui waiver of this paragraph or of any damages. 7-3 LIABILITY INSURANCE Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Gi of at least A-:V and are admitted and authorized to conduct business in the stat( California and are listed in the official publication of the Department of Insurance of State of California. e 7-4 WORKERS' COMPENSATION INSURANCE Add the following: All insurance is to be placed with insurers that are admitted and authorized to conc business in the state of California and are listed in the official publication of Department of Insurance of the State of California. Policies issued by the S Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of+ grading, and building permits necessary to perform work for this contract on ( property, in streets, highways (except State highway right-of-way), railways or oi rights-of-way . Add the following: Technical Specifica e i ai ai95 Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-M grading, and building permits necessary to perform work for this contract on ( property, in streets, highways (except State highway right-of-way), railways or ot rights-of-way. Add the following: Contractor shall secure and pay for all County or State permits, fees and licen necessary for proper execution and completion of work as applicable at time of recc of bids. Contractor shall not begin work until all permits incidental to the work are obtained. Contractor shall obtain approval for haul routes. Haul route approvals shall be issi by the City Engineer. @ 7-8 PROJECT AND SITE MANAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-work days at the District's request. 7.8.5 Temporary Light. Power, and Water Add the following: The Contractor shall obtain a construction meter for water utilized during 1 construction under this contract. The Contractor shall contact the Water District requirements, phone (61 9) 438-2722 ext. 109. The Contractor shall include the cost water and meter rental within appropriate items of the proposal. No separate paymc will be made. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped w mufflers in good repair when in use on the project with special attention to City Noi Control Ordinance No. 31 09, Carlsbad Municipal Code, Chapter 8.48. e 7-10 PUBLIC CONVENIENCE AND SAFETY @ Add the following: Technical Specificati 1 2/18/95 R 7.10.1 Traffic Control and Access General: The Contractor shall furnish maintenance of traffic and detours in accordat with the Traffic Control Plan and State of California "Department of Transportat Manual of Traffic Controls for Construction and Maintenance of Work Zones", la1 edition, for all portions of this contract within or adjacent to public Right-of-way, stre and drives, and replace all striping, reflectors, dots or other traffic control devic removed or disturbed during construction. The Contractor shall furnish, construct, maintain and finally remove detours, r( closures, lights, signs, barricades, fences, miscellaneous traffic devices, flagman, : reconstruct paving and other such items and services as are necessary to adequal safeguard the public from hazard and inconvenience. All such work shall be provided in the Specifications herein or as directed by the CITY ENGINEER, and SI comply with all ordinances, directives, and regulations of the City of Carlsbad. It is the intent of these Specifications to provide for adequate traffic detour routing : signing to maintain a smooth and safe flow of traffic through and around construction areas. Add the following: 7-1 0.3 Construction Sians and Barricades: Construction signs and barricades used handling traffic and for public convenience shall conform to the State of Califort Department of Transportation, "Manual of Traffic Controls for Construction i Maintenance Work Zones", latest edition, and "Work Area Traffic Control Handboc latest edition. All signs and barricades shall be illuminated or reflectorized when they are used dur hours of darkness. All delineators, cones, barricades or posts used in the diversior traffic shall be provided with flashers or other satisfactory illumination if in place dur darkness. The Contractor shall maintain a 24-hour emergency service to remove, install, reloci and maintain warning devices and shall furnish the City Engineer and Po Department names and telephone numbers of two persons responsible for ' emergency service. In the event these persons do not promptly respond when notii by the City Engineer or his representative, the City of Carlsbad reserves the right to other forces to accomplish such required emergency service, and the Contractor will held responsible for any and all costs incurred by the District. The cost for City placement or replacement of missing or displaced warning devi shall be in accordance with the following provisions: a. m @ a For placing barricades - $5.00 per barricade for the first day or any part ther Technical Specificai 121 8/95 I and $2.00 per barricade per day for each day thereafter or any part thereof. For flashers - $2.50 per flasher for the first day or any part thereof and $1 .OO flasher per day for each day thereafter or any part thereof. For traffic cones - $1 .OO per cone for each day or any part thereof. In the event that the services of the City are required between the hours of 5 P.M. and 6:30 A.M., during the normal week or any time on Saturday, Sunday a City holiday, there shall be an additional charge of $26.00 for each service required. 0 b. c. d. Judgement as to adequate or sufficient barricading shall be that which is adequate sufficient in the opinion of the City Engineer or his representative. Vehicular Traffic Control: Prior to the start of each work day, the Contractor sr perform all necessary work incidental to and commensurate with the proper signi detouring, barricading, etc., heretofore and hereinafter specified, that is required for particular day's schedule of operations. No construction shall be permitted until si signing and detouring operations have been completed. At the completion of project, the original striping pattern shall be replaced by the Contractor, unless direc otherwise by the City Engineer. Permanent Traffic Controls: All existing permanent traffic control signs, barricades i devices shall remain in effective operation unless a substitute operation is arranged and approved by the City Engineer as a portion of vehicular traffic control above. Traffic Signal Maintenance: Contractor shall be responsible for all signal modificatic and/or repairs necessary to complete construction. Contractor or his designa representative shall coordinate all traffic signal maintenance through the City Carlsbad, Utilities and Maintenance Department at least 2 working days prior to wo (Heidi Heisterman or Greg Clavier, phone (61 9) 434-2980 ext. 2937. Contractor shall be liable for all costs associated with emergency call outs, sig timing changes, realignment of traffic signal heads, and all signal related wc necessary to complete construction. In cases where emergency repairs are necessl and/or the Contractor's sub-contractor for signal work cannot be reached in a tim manner, the City of Carlsbad will request their signal maintenance contractor respc and make repairs necessary to secure the safe operation of the intersection. All co associated with these repairs will be borne by the Contractor and will be paid dire( by the Contractor to the City's traffic signal maintenance contractor. Pavment: All material and work specified in this section shall be paid for on a lu sum basis for traffic control as indicated in the bid schedule. 7-1 0.4.3 SDecial Hazardous Substances and Processes @ @ Technical Specificati 111 8/95 F Add the following: EXISTING ASBESTOS CEMENT PIPE A. General: 0 The Contractor will be encountering existing asbestos materials (i.e.: asbe: cement pipes) during the prosection of his work. B. Health Hazard: The Contractor is warned that Asbestos is a known human carcinogen wI inhaled and poses serious health risks. Asbestos fibers are easily inhaled i can result in chronic respiratory illness, cancer and other severe health effect C. Removal of Existinq Pipe: Removal of existing asbestos material shall be performed by a Contra1 registered by CAUOSHA and certified by the State Contractor Licensing Bo for asbestos removal. Copies of the certification shall be submitted to District prior to the commencement of any asbestos removal activities. - Contractor or subcontractor shall comply with all State and Federal I; regarding handling and removal of asbestos materials. The Contractor shall responsible for the proper identification, removal and disposal of all asbe: materials. Joininq Existinq Asbestos Cement Pipe: In the specific instance of making connection to the existing asbestos cer pipe, the Contractor shall disconnect, at the nearest joints, the length asbestos cement pipe to be connected into. This length of existing asbe: cement pipe will be replaced by the new pipe making the tie-in. Cuttina. Handling and Disposal of Asbestos Cement Pipe: The Contractor shall cut asbestos cement pipe only when absolutely neces: and shall perform all cutting, handling and disposal of asbestos cement pipc strict conformance with all applicable CAUOSHA, E.P.A. and governing he agency requirements. The Contractor shall provide sufficient supervision. l monitoring to assure said conformance. e D. E. F. Payment: The cost of asbestos concrete pipe cutting, removal and disposal shall be F as provided for in the bid schedules. a Technical Specifica' 1211 8/95 7-13 LAWS TO BE OBSERVED a Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation : Grading. If this notice specifies locations or possible materials, such as borrow pits or grz beds, for use in the proposed construction project which would be subject to Sed 1601 or Section 1603 of the Fish and Game Code, such conditions or modificatic established pursuant to Section 1601 of the Fish and Game Code shall becc conditions of the contract. 8 FACILITIES FOR AGENCY PERSONNEL Add the following: Field office facilities shall be Class NIA field office. 9-3 PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions * amount of retention. Technical Specificati 1 zi 8/95 F * TECHNICAL SPECIFICATIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR CARLSBAD MUNICIPAL WATER DISTRICT FOR CONSTRUCTION METHODS & MATERIALS 0 I. CARLSBAD RECLAMATION RULES AND REGULATIONS NOTE TO CONTRACTOR: The work performed under this Contract shall done in accordance with the Carlsbad Municipal Water District's CARLSB RULES & REGULATIONS FOR CONSTRUCTION OF PUBLIC POTAE WATER MAINS (October 1993), except as modified herein: PART II - PUBLIC WATER SYSTEM SUPPLEMENTAL STANDARD SPECIFICATIONS SECTION D MISCELLANEOUS DELETE: Subparagraph compaction (Pg. 37) of Subsection D-9 Earthwork Compaction: All backfill shall be compacted throughout by tamping or wi settling to a minimum relative compaction of 90 percent (90%) or to the den required by the agency in whose right-of-way the work is located, whicheve more restrictive. ADD: Subparagraph Backfill and Compaction All backfill shall be compacted to 95 percent (95%) of the laboratory stand maximum soil dry density for the materials being compacted. If native bac cannot meet compaction requirements, the Contractor shall obtain a suit: backfill material. Unsuitable backfill material shall be removed from the site i disposed of offsite by the contractor at his own expense at a legally appro disposal site. I * 2. MAINTAINING WATER SERVICE (HIGHLINING) 2.1 General: The Contractor shall coordinate with the Carlsbad Municipal W( District a construction schedule which delineates times and procedi pertinent to the shut-down, connection to or the abandonment of exis faci I i ties. Technical Specifka la1 8/95 m Water service to existing residents shall not be interrupted for a perioc time exceeding eight hours. The Contractor shall be prepared to utiliz C.M.W.D. approved method of providing service to those residents wh service must be interrupted for periods of time exceeding eight hours. A detailed method of highlining shall be submitted by the Contractor ; approved by the District Engineer prior to any shut-down of a Dist faci Ii ty. a 2.2 Payment: Payment for providing temporary service shall be paid for as provided the bid schedule for highlining or as part of the unit price paid for pipel construction. 3. RESTORING FACILITIES Except where otherwise specified, all streets and highway surface improveme excavated or damaged by the Contractor shall be stored by him in accordar with the regulations and specifications of, and subject to the inspection of, public authority having jurisdiction in each case. SAFEGUARDING EXCAVATIONS AND PROTECTING PROPERTY Excavations shall be shored and braced in such manner that they will be s. and that the ground alongside the excavations will not slide or settle, ensuri so that all existing improvements of any kind, on either public or private proper will be fully protected from damage. The trench shoring system for vertical-side trenches shall conform to that sho in Article 6, Section 1541 of the Construction Safety Orders of the Califori Division of Industrial Safety. Prior to the excavation of any vertical trench unc the contract, the Contractor shall submit to the District for review his detail plan, prepared by a Registered Civil or Structural Engineer, showing the desi of shoring and bracing intended for use under the Contract. 4. a 5. DISPOSAL OF EXCAVATED MATERIALS No excavated materials shall be stored in any street or highway without t permission of the public authority having jurisdiction thereof, and such storas where permitted, shall conform to the regulations of said public authority. T Contractor shall submit to the District, in writing, a letter stating the conditio set forth by the authority for the use of the area. All materials removed from t excavations in excess of that stored temporarily, as above specified, shall immediately hauled away and legally disposed of by the Contractor. Technical Specifiitii I) i zi 8/95 F; 6. PAVEMENT REPLACEMENT 6.1 General: a The work to be done consists of furnishing all labor, equipment 8 materials and performing all operations necessary to resurface trenching as required herein. 6.2 Products: A. Asphalt Concrete Type 1 -C2-AR-4000 conforming to Sect 203-6 of the Standard Specifications (Gre Book). B. Seal Coat SS-1 H Emulsified Asphalt. C. Aaareaate Base Class II per Cal-Trans Section 26.1.02 Pi 25-1, 1988 Edition. 6.3 Execution: Saw-cut and remove existing roadway approximately six inches wic than trench on each side. In all respects, this work shall conform Section 300-1 of the Standard Specifications. Asphalt concrete shall conform to Section 203-6 of the Standi Specifications (Green Book). Asphalt concrete shall be placed I Section 302-5 of the Standard Specifications (Green Book). A tack CI shall be applied to all existing surfaces to be covered or paved. A s coat shall be applied to the finished pavement at 72 hours a1 completion a rate of 0.10 gallons per square yard. Disposal of concrete and asphalt concrete pavement shall be the s responsibility of the Contractor. Replacement shall conform to trer sections on Sheet 2 of plans and San Diego Regional Standard Drawir No. G-24, Type A. 0 6.4 Payment: All material and work specified in this section shall be paid for on a lini foot basis as indicated in the bid schedule. 7. REPLACE TRAFFIC AND PARKING LOT STRIPING, AND TRAFI MARKERS dB Technical Specificatr 12/18/95 F 7.1 General: The work to be done consists or replacing all damaged traffic and parE lot striping and traffic markers. 7.2 Products: 0 Thermoplastic shall not be used. 7.3 Execution: All work shall be in conformance with Section 84 "Traffic Stripes l Pavement Markings" and Section 85 "Pavement Markers" of the State California, Department of Transportation, Standard Specifications, la1 edition. 7.4 Pavment: All material and work specified in this section shall be paid for on a lu sum basis as indicated in the Bid Schedule. 0 Technical Specifkati 12/18/95 F m e APPENDIX "A" STANDARD DRAWINGS e 9 Technical Specifii 12/18/95 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED, PLEASE MAIL TO City Clerk’s Office Space above this line for Recor Nsi;cE G& C~~”qphETi~p~ Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is Carlsbad Municipal Water District, a municipal corporation. The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was complete on April 25. 1997. The name of the contractor, if any, for such work or improvement is Valverde Construction. Inc. The property on which said work or improvement was completed is in the City of Carlsbad, County of: State of California, and is described as follows: 1995 Downtown Water Proiect. The street address of said property is within the limits of the City of Carlsbad. CARLSBAD MUNICIPAL WATER DIS <p//- __-_ WILLIAM E. PLUMMER, P.E. District Engineer VERIFICATION OF SECRETARY 1, the undersigned, say: I am the Secretary of the Board of Directors, Carlsbad Municipal Water District, 5950 El Cai Carlsbad, California, 92008; the Board of Directors of said District on 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 June 2 7 , 192, at Carlsbad, California. June 24 CMWD 88-107 Secretary 061 $i i , W 0 ,//+ ,/I ,: I,