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HomeMy WebLinkAboutCastello Inc; 1996-07-31; 3391-3Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Notice ts hereby given that: • 1512 D■ U 1997=0160378 08-A-PR-1997 01 :: 01 PM OFFICIAL RECORDS SAH DIEGO COUHTY RECORDER'S OFFICE ,·-r,EeoRv C!l!TTH· r.r.u''11·uTy k'i::l~OROEk.' \ll\ l:l . l JlU l, ; '"' _i,j ,.1..\., . ,·, ,-EEC• 0 i'IQ r J" .u. Space above this line for Recorder's use. 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on February 6, 1997. 6. The name of the contractor, if any, for such work of improvement is Castello, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of Magnolia Avenue, Valley Street and Park Drive Sidewalks, Project No. 3391-3. 8. The address of said property is within the limits of the City of Carlsbad. VERIFICATION OF CITY CLERK l, tile undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on March 18 , 1997, 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 April 3 , 1997, at Carlsbad, California. CITY OF CARLSBAD ~ ~ .-ff) -~-···.. . ALETHALRAUTE~ City Clerk Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Notice is hereby given that: 436 NOTICE OF COMPLETION DI ff 1997-0145398 31-MAR-1997 02=21 PM OFFICIAL RECORDS SAH DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECOROER FEES: 0.00 Space above this line for Recorder's use. 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on February 6, 1997. 6. The name of the contractor, if any, for such work of improvement is Castello, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of Magnolia Avenue, Valley Street and Park Drive Sidewalks, Project No. 3391-3. 8. The address of said property is within the limits of the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on March 18 1997, 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 March 21 , 1997, at Carlsbad, California. CITY OF CARLSBAD Ok&./2~~ ALETHA L RAUTENKRANZ City Clerk CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/0 #8 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Date Routed: Reason(s) for change: City Engineer Engineering Inspection Community Development Director Finance Director City Manager/Mayor Engineering Inspection Items 1-3: Many bid items require adjustment based on actual quantities measured in the field. COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ............................................................ : ........... $ (3,612.33) Total amount of previous c/o's ........................................................... $ 60,966.33" 5brl~u.33 Total c/o's to date ............................................................................... $-47,354.00 5'//i''~ oo New Contract Amount ........................................................................ $406-;-920:-30-f.f // DJO . 3 l') Total c/o's as ·% of original contract ............................................................ 13.2% />./.3-/. Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ....................................................... $ 10,677.22 Contingency Subtotal ........................................................................... $ 64,612.22 Total c/o's to date ................................................................................. $ ~4:-QG ot, 51"/.ao Contingency Balance ........................................................................... $ 17,258.22 /~O(J P .2 ~ e+tAl1jl'-s : HS ,for Ht: CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 8 CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 3427000-9060-33912-900 CONTRACTOR: CASTELLO INC. ADDRESS: ___ 4..:...;5:;..:7_C=or_p=o..:...::ra=te=-=D:..:..ri:..:..v=-e ________________ _ Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to section 3-2.2.1, Contract Unit Prices, SSPWC 1994 Edition, the following bid items are adjusted as follows: MAGNOLIA AVENUE AND VALLEY STREET Item 1: a: Decrease bid item #12, chain link fence, from 290 LF to 90 LF; 200 LF @ $14.50/LF = ($2,900.00). Decrease to contract cost .............................................. ($ 2,900.00) b: Decrease bid item #14, sidewalk, from 8,715 SF to 7,441 SF; 1274 SF @ $2.50/SF = ($3,185.00). Decrease to contract cost............................................. ($ 3,185.00) / c: Decrease bid item #20, 1 ½" class C2-AR-4000 cap, from 300 TN to 111.33 TN; 188.67 TN @ $49.00/TN = ($9,244.83). Decrease to contract cost.. ........................................... ($ 9,244.83) / Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 8 Page 2 Magnolia Avenue and Valley Street Item 1: (continued) d: Decrease bid item #24, relocate sewer lateral cleanout, from 21 EA to 2 EA; 19 @ $500.00/EA = ($9,500.00). Decrease to contract cost.. ........................................... ($ 9,500.00) e: Decrease bid item #27, 42" wood fence, from 200 LF to 105 LF; 95 LF @ $32.50/LF = ($3,087.50). Decrease to contract cost.. ........................................... ($ 3,087.50) f: Increase bid item #13, curb and gutter, from 1,605 LF to 1,811 LF; 206 LF @ $12.00/LF = $2,472.00. Increase to contract cost............................................... $ 2,472.00 g: Increase bid item #16, driveway, from 2,820 SF to 5,259 SF; 2,439 SF @ $3.50/SF = $8,536.50. Increase to contract cost ................................................ $ 8,536.50 h: Increase bid item #18, class II aggregate base, from 825 TN to 1,091.18 TN; 266.18 TN @ $20.00/TN = $5,323.60. Increase to contract cost ................................................ $ 5,323.60 i: Increase bid item #19, 2½" class B-AR-4000 base, from 210 TN to 434.07 TN; 224.07 TN @ $66.00/TN = $14,788.62. Increase to contract cost ................................................ $14,788.62 j: Increase bid item #25, retaining wall, from 125 SF to 296 SF; 171 SF @ $20.00/SF = $3,420.00. Increase to contract cost................................................ $ 3,420.00 Item 1, Increase to contract cost .................................. $ 6,623.39 VALLEY STREET Item 2: a: Decrease bid item #5, salvage street sign install, from 8 EA to 4 EA; 4 @ $150.00/EA = ($600.00). Decrease to contract cost. .............................................. ($ 600.00) / Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 8 Page 3 Valley Street Item 2: (continued) b: Decrease bid item #6, chain link fence, from 580 LF to 522 LF; 58 LF @ $14.00/LF = ($812.00). Decrease to contract cost.. ............................................. ($ 812.00) c: Decrease bid item #10, sidewalk, from 10,330 SF to 8,655 SF; 1,675 SF @ $2.50/SF = ($4,187.50). Decrease to contract cost.. ............................................ ($4,187.50) / d: Decrease bid item #15, 1 ½" class C2-AR-4000 cap, from 220 TN to 86.22 TN; 133.78 TN@ $49.00/TN = ($6,555.22). Decrease to contract cost.............................................. ($6,555.22) / e. Increase bid item #11, driveway, from 1,085 SF to 1,295 SF; 210 SF @ $3.50/SF = $735.00. Increase to contract cost................................................. $ 735.00 Item 2, Decrease to contract cost ................................ (11,419.72) PARK DRIVE AND TAMARACK AVENUE Item 3: a: Increase bid item #12, curb and gutter from 259 LF to 306 LF; 47 LF @ $12.00/LF = $564.00. Increase to contract cost ...................... : ........................... $ 564.00 b. Increase bid item #13, sidewalk, from 1,295 SF to 1,543 SF; 248 SF @ $2.50/SF = 620.00. Increase to contract cost ................................................... $ 620.00 Item 3, Increase to contract cost .................................................... $ 1,184.00 TOT AL DECREASE TO CONTRACT COST ........................................................... ($ 3,612.33) ·Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 8 Page4 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: ~7 (AE) ~ ~ c l~ /'1"' IANCE DIRECTOR (DATE} DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: CONTRACTOR '7 ,,zo ,,£/1 '/ '-' (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #7 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Reason(s) for change: City Engineer Engineering Inspection Community Development Director Finance Director City Manager/Mayor Engineering Inspection Item 1: Fencing is required to protect pedestrians from grade separation behind new pedestrian ramp and sidewalk at N/W corner Magnolia/Highland. Item 2: New improvements require replacement of picket fencing and installation of existing gate at 1394 Magnolia Avenue. COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ......................................................................... $ 4,160.00 Total amount of previous c/o's ........................................................... $ 50,966.33 Total c/o's to date ............................................................................... $ 55,126.33 New Contract Amount ........................................................................ $414,692.33 Total c/o's as% of original contract.......................................................... 15.3% Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ....................................................... $ 10,677.22 Contingency Subtotal ........................................................................... $ 64,612.22 Total c/o's to date ................................................................................. $ 55,126.33 Contingency Balance ........................................................................... $ 9,485.89 CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 7 CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 3427000-9060-33912-900 CONTRACTOR: CASTELLO INC. ADDRESS: ___ 4 ....... 5=-..,7'--=C=-o=rp=o"'""'ra=t=-e-=D'-'-ri'-"-v=-e ________________ _ Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, eqL,Jipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following: Item 1: Item 2: Provide and install 42" high galvanized chain link fence behind sidewalk/pedestrian ramp at N/W corner Magnolia Avenue and Highland Drive. Work to be performed for the lump sum price of $1,170.00. Increase to contract cost................................................. $ 1,170.00 Install picket fence at 1394 Magnolia Avenue with installation of existing gates salvaged from old driveway alignment. Increase to contract cost............................................... $ 2,990.00 TOTAL INCREAS.E TO CONTRACT COST ....................................... $4,160.00 Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 7 Page 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: ~~ ~ .;i,/~ le,, FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: CONTRACTOR (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/O #6 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Date Routed: Reason(s) for change: City Engineer Engineering Inspection Community Development Director Finance Director City Manager/Mayor Engineering Inspection Item 1: The plans showed all water services to be relocated to be one inch. The actual sizes encountered for eight of the services were 1 ½" or 2". A one inch service can be extended from the existing meter location to outside of the travelway which is the new location. The larger sizes require installation of an entirely new pipe from the main line in the street to the new location. Item 2: The contractor spent time trying to locate sewer laterals for clean-out installation at locations marked by City forces but the clean-outs were not found. Item 3: Additional traffic control was required during the above operations. COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ......................................................................... $ 1,820.00 Total amount of previous c/o's ........................................................... $ 49,146.33 Total c/o's to date ............................................................................... $ 50,966.33 New Contract Amount ........................................................................ $410,532.33 Total c/o's as% of original contract.......................................................... 14.2% Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ....................................................... $ 10,677.22 Contingency Subtotal ........................................................................... $ 64,612.22 Total c/o's to date ................................................................................. $ 50,966.33 Contingency Balance ........................................................................... $ 13,645.89 CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 6 CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 3427000-9060-33912-900 CONTRACTOR: CASTELLO INC. ADDRESS: ___ 4~5~7_C~o~r_p~o~ra~te~D~ri~ve~---------------- Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following: Item 1: Item 2: Remove existing crosswalks at Valley/Magnolia, Highland/Magnolia and Park /Tamarack intersections and restripe. Work to be done for the lump sum price of $1,370.00. Increase to contract cost................................................. $ 1,370.00 Provide and install irrigation and "marathon sod" at 1252 Magnolia. Work to be performed for the lump sum price of $450.00. Increase to contract cost................................................ $ 450.00 TOTAL INCREASE TO CONTRACT COST ....................................... $1,820.00 Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 6 Page 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: PRINCIPAL INSPECTOR ~ COMM.DEV.DIR~ (DATEf ~ I~ &/a-c;,;-, FNANCEDIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: CONTRACTOR (DATE) ~~ CITY &AGERiMAYOR-(DATE) .. . ' ·, , . CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/O #5 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Date Routed: -e-M~ 97 Z-'Zo-'11 C.M.W.D. District Engineer C.M.W.D. General Manager City Engineer ~ '7-, 1iei] aJc,7 2:Ji'17 6/'>-7 c)11') Reason(s) for change: Community Development Director Finance Director Executive G.M./President City Manager/Mayor Engineering Inspection Item 1: The plans showed all water services to be relocated to be one inch. The actual sizes encountered for eight of the services were 1 ½" or 2':. A one inch service can be extended from the existing meter location to outside of the travelway which is the new location. The larger sizes require installation of an entirely new pipe from the main line in the street to the new location. Item 2: The contractor spent time trying to locate sewer laterals for clean-out installation at locations marked by City forces but the clean-outs were not found. Item 3: Additional traffic control was required during the above operations. COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ......................................................................... $ 7,887.33 Total amount of previous c/o's ........................................................... $ 41,269.00 Total c/o's to date ............................................................................... $ 49,146.33 New Contract Amount ........................................................................ $408,712.63 Total c/o's as % of original contract ................................ .......................... 13. 7% Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ....................................................... $ 10,677.22 · Contingency Subtotal ........................................................................... $ 64,612.22 Total c/o's to date ................................................................................. $ 49,146.33 Contingency Balance ........................................................................... $ 15,465.89 , ' . CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 5 CONTRACT NO. 3391 -3 P.O. NO. 22210 ACCOUNT NO. 5067000-9060-33882-900 CONTRACTOR: CASTELLO INC. ADDRESS: ___ 4..:..;:5::...:.7_C=o=r=p=o.:..;::ra=te=-=Dc..:...ri=--=-v=-e ________________ _ Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following: Item 1: Item 2: Item 3: Increase water-service size at eight locations for the lump sum cost of $5,754.68. Increase to contract cost.. ............................................... $ 6,590.68 Locate existing sewer laterals per C.M.W.D. markings for the lump sum cost of $786.65. Increase to contract cost ................................................. $ 786.65 Provide additional traffic control for items 1 & 2 for the lump sum price of $500.00. Increase to contract cost.................................................. $ 500.00 TOTAL INCREASE TO CONTRACT COST ....................................... $7,877.33 Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 5 Page 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY; '(DATE) CbMM. DEV. DIREc-:t=00 (DATE) ~~ FINANCE DIRECTOR (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: #rJl~ CONTRACTOR 1-30-17 (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #4 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Date Routed: Reason(s) for change: Engineering Inspection City Engineer Community Development Director Finance Director City Manager/Mayor Engineering Inspection Item 1: Removal of additional tree on eastside of Valley Street required due to conflict with new chainlink fence. Item 2: Additional move-in cost for removal of trees not shown on plans at 1252 Magnolia Avenue. Item 3: Steps are required to be installed at 1184 Magnolia Avenue to transition existing house walk to new sidewalk grade. Item 4: Steps are required to be installed at 3710 Adams Avenue to transition existing house walk to new sidewalk grade. Item 5: Two (2) sets of M-26 stairs with handrails are required to be installed at locations of fence openings to school yard on east side of Valley Street. Item 6: Additional 4' opening in new chainlink fence on east side of Valley Street school yard. Item 7: A retaining wall is required at the northwest corner of Magnolia and Highland to accommodate new pedestrian ramp installed at this corner. Item 8: Installation of two (2) additional D-27 sidewalk drains is required at 1149 Magnolia Avenue to accommodate existing property drainage. Item 9: Modification to existing 1 O" PVC storm drain line at southwest corner of Magnolia and Highland with modified D-25 structure to exist new curb, gutter and sidewalk improvements is required to properly drain area. Item 10: A drainage system is required at 1252 Magnolia Avenue to relieve flooding condition caused by new street improvements. Item 11: Removal of leaning Eucalyptus tree at Tamarack and Park is required to eliminate possible hazard. Contract Change Order Transmittal-C/0 #4 Page 2 #3391-3, Magnolia Avenue and Valley Street Sidewalk Program COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ......................................................................... $ 14,905.00 Total amount of previous c/o's ........................................................... $ 26,364.00 Total c/o's to date ............................................................................... $ 41,269.00 New Contract Amount ........................................................................ $400,835.30 Total c/o's as% of original contract ............................................................ 11.5 % Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ....................................................... $ 2,800.00 Contingency Subtotal ........................................................................... $ 56,735.00 Total c/o's to date ................................................................................. $ 41,269.00 Contingency Balance ........................................................................... $ 15,466.00 CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 4 CONTRACT NO. 3391 -3 P.O. NO. 22210 ACCOUNT NO. 342-820-1843-3391 CONTRACTOR: CASTELLO INC. ADDRESS: 457 Corporate Drive Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following: Item 1: Item 2: Item 3: Item 4: Remove and dispose of additional tree on eastside of Valley Street in front of elementary school for the lump sum price of $600.00. Increase to contract cost................................................. $ 600.00 Payment for additional move-in cost for removal of trees at 1252 Magnolia Avenue for the lump sum price of $300.00. Increase to contract cost.................................................. $ 300.00 Construct steps at 1184 Magnolia Avenue to transition existing house walk to new sidewalk grade for the lump sum price of $450.00. Increase to contract cost .................................................. $ 450.00 Construct steps at 3710 Adams Avenue to transition existing house walk to new sidewalk grade for the lump sum price of $680.00. Increase to contract cost.................................................. $ 680.00 Magnolia Ave & Valley St Sidewalk Prgm-3391 -3 Change Order No. 4 Page 2 Item 5: Item 6: Item 7: Item 8: Item 9: Item 10: Item 11: Construct two (2) sets of M-26 stairs with handrails at locations of fence openings to elementary school yard on east side of Valley Street for the lump sum price of $4,600.00. Increase to contract cost ................................................. $4,600.00 Provide one (1) additional 4' opening in new chain link fence on east side of Valley Street school yard for the lump sum price of $385.00. Increase to contract cost................................................. $ 385.00 Construct retaining wall at the northwest corner of Magnolia and Highland to accommodate new pedestrian ramp for the lump sum price of $1,860.00. Increase to contract cost................................................. $1,860.00 Install two (2) additional D-27 sidewalk drains at 1149 Magnolia Avenue for the lump sum price of $280.00. Increase to contract cost................................................. $ 280.00 Modify 1 O" PVC storm drain line at southwest corner of Magnolia and Highland with modified D-25 structure to exist new curb, gutter and sidewalk improvements for the lump sum price of $3,200.00. Increase to contract cost................................................. $3,200.00 Construct drainage system at 1252 Magnolia Avenue for the lump sum price of $1,880.00. Increase to contract cost ................................................. $1,880.00 Remove and dispose of Eucalyptus tree at Tamarack and Park for the lump sum price of $670.00. Increase to contract cost................................................... $ 670.00 TOTAL INCREASE TO CONTRACT COST ...................................... $14,905.00 Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 4 Page 3 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE EXTENDED THROUGH JANUARY 3, 1997, BY THIS CHANGE ORDER. RECOMMENDED BY: PRINCIPAL INSPECTOR ( ATE) /2l ~L 1-2:r~ COMM.~ (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: ~11~ CONTRACTOR (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #3 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Date Routed: Engineering Inspection City Engineer Community Development Director Finance Director City Manager/Mayor Engineering Inspection Reason for change: Item 1: Item 2: This work was competitively bid as an open market contract. Since this contractor was the low bid it was decided to include this work as a change order to this contract. Existing curb and gutter shown to remain requires removal and replacement since it was monolithic with adjacent walk that is required to be removed. COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ......................................................................... $ 8,119.00 Total amount of previous c/o's ........................................................... $ 18,245.00 Total c/o's to date ............................................................................... $ 26,364.00 New Contract Amount ........................................................................ $385,930.30 Total c/o's as% of original contract ............................................................. 7.3 % Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ....................................................... $ 2,800.00 Contingency Subtotal ........................................................................... $ 56,735.00 Total c/o's to date ................................................................................. $ 26,364.00 Contingency Balance ........................................................................... $ 30,371.00 CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 3 CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 342-820-1843-3391 CONTRACTOR: CASTELLO INC. ADDRESS: ___ 4-'-'5"""7_C=-=-or'""'p"""o""'"'ra=te=-=D""""'ri'-'-v=-e ________________ _ Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following: Item 1: Item 2: Construct improvements at Levante Street and Romeria per Attachments A & B. Work to be performed for the lump sum of $6,719.00. Increase to contract cost ................................................... $6,719.00 Remove existing curb and gutter and replace with type "G" curb and gutter between new ramps and patch A.G. Work to be performed for the lump sum of $1,400.00. Increase to contract cost. ................................................. $1,400.00 TOT AL INCREASE TO CONTRACT COST ........................................ $8,119.00 Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 3 Page 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE EXTENDED THROUGH JANUARY 3, 1997, BY THIS CHANGE ORDER. RECOMMENDED BY: /!-4d_ ~ PRINCIPAL INSPECTOR ( A1E) /-Z-~ (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: 1JU..-~ \-llt-f./'/ CONTRACTOR (DATE) 1• CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #2 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Date Routed: 12~ 0f·9 / /2(9 f~ 11/t:-;v; ;ijc,tt, C.M.W.D. District Engineer C.M.W.D. General Manager City Engineer Community Development Director Finance Director l~/'1 &, Executive G. M ./President ul~f#/9(p I City Manager/Mayor Engineering Inspection Reason for change: Items 1: This work was requested by C.M.W.D. COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ......................................................................... $ 2,800.00 Total amount of previous c/o's ........................................................... $ 15,445.00 Total c/o's to date ............................................................................... $ 18,245.00 New Contract Amount ........................................................................ $377,811.30 Total c/o's as% of original contract ............................................................. 5.1 % Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ........................................................ $ 2,800.00 Contingency Subtotal ........................................................................... $ 56,735.00 Total c/o's to date ................................................................................. $ 18,245.00 Contingency Balance ........................................................................... $ 38,490.00 CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 2 CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 501-820-6310-2660 CONTRACTOR: CASTELLO INC. ADDRESS: ___ 4-'-'5"'"'7_C=or'""'p"""o-'--'ra=te=-=D"""'ri'-'-ve=----------------- Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following: Item 1: Remove existing 8" tee and 6" gate valve on 8" A.C.P. water line, tie together with C900 PVC by means of transition couplings, backfill excavation and A.C. patch street. Work to be done for a lump sum price of $2,800.00. Increase to contract cost .................................................. $ 2,800.00 TOTAL INCREASE TO CONTRACT COST ........................................ $2,800.00 Magnolia Ave & Valley St Sidewalk Prgm-3391-3 Change Order No. 2 Page 3 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY TWO WORKING DAYS BY THIS CHANGE ORDER. RECOMMENDED BY; L: i&J ~INSPECTOR (Dill) C.M.W.D. GEN RAL MANA ~~~7«6 CITY NGINEE~DA E) CO~r (DATE) (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: CONTRACTOR (DATE) (DATE) CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL -C/O #1 Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM Date Routed: /b/d<t/9~ 10/;i.¥'/'f (, /1:>/~,/? (p /I ' /"'I I._, Engineering Inspection City Engineer Community Development Director Finance Director (t /tJ lo ft /1 lo City Manager/Mayor Engineering Inspection Reason for change: Items 1-9: Additional pavement removal and reconstruction is necessary for new street to meet correctly with existing streets. Also, no bid item was included in the original bid for adjusting access holes and water valve cans to new finish road grades. COST ACCOUNTING: Original contract amount .................................................................... $359,566.30 Total amount this c/o ......................................................................... $ 15,445.00 Total amount of previous c/o's ........................................................... $ 0 Total c/o's to date ............................................................................... $ 15,445.00 New Contract Amount ........................................................................ $375,011.30 Total c/o's as% of original contract.......................................................... 4.3 % Contingency monies encumbered ........................................................ $ 53,935.00 Contingency increase or decrease ....................................................... $ O Contingency Subtotal ........................................................................... $ 53,935.00 Total c/o's to date ................................................................................. $ 15,445.00 Contingency Balance ........................................................................... $ 38,490.00 CITY OF CARLSBAD PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT CHANGE ORDER NO. 1 CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 342-820-1843-3391 CONTRACTOR: CASTELLO INC. ADDRESS: ___ 4~5~7_C~o=r-.P-o~ra~te~D~ri~ve~---------------- Escondido CA 92029 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following: Item 1: Item 2: Item 3: Item 4: Pavement removal--Magnolia north of Valley--estimated at 1, 190 SF @ $2.00 per SF= $2,380.00. Increase to contract cost .............................................. $ 2,380.00 Pavement removal--Valley at School driveway-~estimated at 2,500 SF@ $2.00 per SF = $5,000.00. Increase to contract cost .............................................. $ 5,000.00 CL II Base for Magnolia is estimated at 42 tons@ $20.00 per ton= $840.00. Increase to contract cost ............................................... $ 840.00 AC (2½" Class B-AR-4000) Base for Magnolia is estimated at 18 tons @ $66.00 per ton = $1,188.00. Increase to contract cost ............................................... $ 1,188.00 Magnolia Ave & Valley St Sidewalk Prgm--3391-3 Change Order No. 1 Page 2 Item 5: Item 6: Item 7: Item 8: Item 9: AC (1 ½" Class C2-AR-4000) Cap for Magnolia is estimated at 11 tons @ $49.00 per ton = $539.00. Increase to contract cost .............................................. $ 539.00 CL II Base for Valley is estimated at 87 tons@ $20.00 per ton = $1,740.00 Increase to contract cost .............................................. $ 1,740.00 AC (2½" Class B-AR-4000) Base for Valley is estimated at 38 tons @ $66.00 per ton = $2,508.00. Increase to contract cost .............................................. $ 2,508.00 Adjust one (1) access hole on Valley for a lump sum cost of $250.00. Increase to contract cost ............................................... $ 250.00 Adjust four (4) water valve cans for $250.00 each, 4@ $250.00 = $1,000.00. Increase to contract cost .............................................. $ 1,000.00 TOTAL ESTIMATED INCREASE TO CONTRACT COST .......................... $15,445.00 Magnolia Ave & Valley St Sidewalk Prgm-3391 -3 Change Order No. 1 Page 3 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY FIVE (5) WORKING DAYS. RECOMMENDED BY: (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: / ~1})/)' 11~ b--?b CONTRACTOR (DATE) • • • CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT NO. 3391-3 1/29/96 • • • TABLE OF CONTENTS NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONTRACTOR'S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 BIDDER'S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ........................ 25 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . 26 BIDDER'S CERTIFICATE OF INSURANCE ................................... 27 BIDDER'S STATEMENT OF DEBARMENT ................................... 28 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 CONTRACT -PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 RELEASE FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 SPECIAL PROVISIONS I. MODIFICATIONS TO PART 1 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 11. MODIFICATIONS TO PART 2 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 111. MODIFICATIONS TO PART 3 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 1/29/96 I •• I I I I I I I le I I I I I I I •• I i CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:00 P.M. on the 23rd day of MAY , 19 ~. at which time they will be opened and read, for performing the work as follows: MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT NO. 3391-3 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available and where appropriate. The City of Carlsbad may disqualify a contractor or subcontractorfrom participating in bidding when a contractor or subcontractor has been debarred by another jurisdiction in California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure pertormance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. 1/29/96 I •• I I I I I I I le I I I II I I I •• I The documents which must be completed, properly executed, and notarized are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non•Collusion Affidavit 4. Contract 5. Designation of Subcontractors 6. Amount of Subcontractors' Bid 7. Bidder's Statement of Financial Responsibility 8. Bidder's Statement of Technical Ability and Experience 9. Certificate of Insurance 10. Bidder's Statement of Debarment 11. Purchasing Department Representation and Certification 12. Escrow Agreement for Security Deposits (optional) 2 All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $427,000. No bid shall be accepted from a contractor who is not licensec:I in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: •A• in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad_ Village Drive (formerly Elm Avenue), Carlsbad, California, for a non•refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, •subletting and Subcontracting Fair Practices Act.• The City Engineer is the City's •duly authorized officer' for the purposes of Section 4107 and 4107.5. . The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held . 1/29/96 I •• I I I I I I I le I I I I I I I •• I 3 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected. totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Bonds to secure faithful performance and warranty of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Special Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2} A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 {commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 1 O calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for •any auto• and cannot be limited in any manner. 1/29/96 I •• I I I I I I I le I I I I I I I •• I 4 Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. · The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 96-101 , adopted on the 26th day of MARCH , 19-9.6_. Dat 1/29/96 I I . -I I I I I I I le I I I I I I I •• I City Council City of Carlsbad CITY OF CARLSBAD MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT NO. 3391-3 CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 5 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3391-3 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Approximate Item Quantity Unit No. Description and Unit Price Total MAGNOLIA AVENUE 1 Traffic Control at LS N/A ;;-Q Q 0 FIVc TOO US~~ D Dollars (Lump Sum) 2 Clear & Grub at LS N/A /4QQ__o rD\lQE ~ Tt\OIA S.I\ ~ 'D Dollars (Lump Sum) 3 Tree Root Trimming and Root LS N/A I J'°"Q..o Barrier at Q~i;-T\-\-Ov.S/:\~ Fr~e t-¼J.}J1:>{(.e-D Dollars (Lump Sum) 4 Grind Existing A. C. Pavement 4,080 SF 1~]j-.5':/'o Y 1 112• Deep at J (2f.JE 'POL.L~ ~ lt\,-\R, '1Y -"F~" f; C-X:-~TS. Dollars per Square Foot 1/29/96 I 6 Approximate •• Item Quantity Unit No. Description and Unit Price Total I 5 Unclassified Excavation at LS NIA /6Q...Qo ~ l'CfE:E N. TI0O. Sft\.~:D , I Dollars (Lump Sum) 6 Salvage Street Sign Install f .. :J'o ~-o 3 EA I per SDRSD M-45 at Q'"e-i-\-u1-.rPe..en c~i::u I Dollars Each 7 Salvage Fire Hydrant, Remove LS N/A I 61.:>"''o I Lateral, Plug Valve at Main, Construct Thrust Block at tMe ,..OOt.tst\ \\ D, ~ 1~ \.J-tol1:~6'P F1Frt I Dollars (Lump Sum) 8 Salvage Mailbox Install per 15 EA (o_o (.>~ I Detail Sheet 3 at O:ae-IH!l-3"De..SD le Dollars Each Relocate Water Meter per bf o ( 0 37 0 9 17 EA I CMWD S.D. W3 at ~t)C \.W ~'Df<...E"D ll=N I Dollars Each 10 Fire Hydrant Assembly per 1 EA 2--lJ--o 1-, {s-5'9 I CMWD S.D. W12 at 'lVJ O 'T-\\o~ s ~ ~ t) .1 f?\lfi:~ Hill:JO€,a.D r rFl";i Dollars Each I 11 Remove & Replace Sprinkler LS NIA 2-Q..Q..a Heads and Irrigation Lines to I Private Property and Maintain System Integrity at ::!\Al 0 'TlioJ.As A; N :o I Dollars (Lump Sum) I •• 1/29/96 I I 7 •• Approximate Item Quantity Unit No. Description and Unit Price Total I 12 Chain Link Fence per SDRSD 290 LF /¢ .. Jo -,20s- M-6 at f'O"-ttre N t>c>L.\..A~ I fl.s~D F \'l=T)l C,til-.\-TS, Dollars per Linear Foot 13 Curb & Gutter per 1,605 LF f2-l q 2 bn I SDRSD G-2 Type G (includes depressed curb through driveway) at I '\'VJ f:1.-\) i;- Dollars per Linear Foot I 14 AC. Berm per SDRSD G-5 110 LF 9 CJ ci b Type A at Af, 4{/;z I Dollars per Linear Foot I 15 Sidewalk per SDRSD G-7 at 8,715 SF 2-~"'-o "Lf 7cf 7-.5'0 \VJO 'DOI..L./\ft 9:. ~t:::> r\F'IY ~Ts. le Dollars per Square Foot 16 Driveway per SDRSD G-14 at 2820 SF 3-~'o Cft?o I "1\-RiE t: 1)C1..L~g, J\\lD Ei+= ,-. t tt-).,\ --r-s Dollars per Square Foot I 17 Cross Gutter per SDRSD 400 SF LQ.Qg G-12 at f=l~ I Dollars per Square Foot L.0/1 /'b..>"'Q....O 18 Class II Aggregate Base at 825 TN ~ (~S"' ~ I -4=~ E'Te. e ~ r~{E,1-(. r't:. ?' ; Dollars per Tonhf' I 19 2-1 ;2• Class B-AR-4000 Base 210 TN (;6 t3 P, o Paving at I St:.~.,;x:. ¥-£/.x_ Dollars per Ton I •• 1/29/96 I I 8 Approximate •• Item Quantity Unit No. Description and Unit Price Total l47e,z_p I 20 1-1 /2" Class C2-AR-4000 Cap 300 TN ~'l Paving at p;i u (J__··ry_ iJ l A. L 15 I Dollars per Ton I 21 Pedestrian Ramp per SDRSD 2 EA Soo lQQ,c, G-27 Type A at :B</ (Includes Sidewalk between I BCR & ECR) r\'-lia 1+\.L \.\-'D~'I"\ Dollars Each I 22 Pedestrian Ramp per SDRSD 6 EA 3 .. S'rJ "LI a__o G-30 at I t"~R.Ee \-\-tt~~D ~1ETf.. Dollars Each I 23 Modified Pedestrian Ramp at 2 EA ~---0 C,Q..O f'0!1<L \:k.tN.DfED rf'.Fit le Dollars Each I 24 Relocate Sewer Lateral 21 EA JQ_o { 0 j" <2L::> Cleanout per CMWD S.D. S7 at I 'f'\VB"" \-1,U\j'De_~D Dollars Each I 25 Retaining Wall per SDRSD 125 SF 20 L-...)\Qo C-3 at \\Jle}\\.:rt I 1 Dollars per Square Foot I 26 Striping at LS N/A 9 "LO ~\\lE tH..\~Df,\?'D '"tlAltlfi:/. I Dollars (Lump Sum} I •• 1/29/96 I I 9 Approximate I Item Quantity Unit No. Descrigtion and Unit Price Total -27 42" Wood Fence and Gate per 200 LF :s 2-.5'0 6 e>'Q.D I Sheet 2 at '°ttt-\ R..TY3w-o 1:>DU-M.$ .f\~D F :i:: 1¥: C'..El-rr.S I Dollars per Linear Foot 28 Relocate Existing 42" Chain 80 LF 14-II 2J? I Link Fence at ~D~ f<..Ic;; E' N I Dollars per Linear Foot 29 Surveying at LS NIA fie_o Q\\e-T\-\-0\l ~f\. ~D 'T'tt<lE°E' I u-t& \.\'b2.,c D Dollars (Lump Sum) I 30 Hydroseed at 8,715 SF O·IO f' 7 I --.J-...._ o 77;~ CE\Jt'S :)?er <l• E I VALLEY STREET 1 Traffic Control at LS lQ.QD \WO \'\i\-o!A.9.~~'D le Dollars (Lump Sum) I 2 Clear & Grub at LS &]<2..D f;Je..o ~ i't TAf) u. ~A-~ D -n+e.e f; \-\1.u.1 'Db:: D I Dollars (Lump Sum) 3 Grind Existing A. C. 800 SF \. ]J I ofo I Pavement 1-112" Deep at Qll,l~ VQU-he.... ~~D \~R.I~ F,Vr: c,e-t-lTS Dollars per Square Foot I 4 Unclassified Excavation at LS NIA \ 2 LQ_c, TWE\...~~ ,~u..s.i\()'D I I =s:v:i Q w..t1 ~"'t:>~D Dollars (Lump Sum) 5 Salvage Street Sign Install per 8 EA 'J-o { ~ I per SDRSD M-45 at O~;r H-U H°t'e..eD F1flY I Dollars Each •• 1/29/96 I I •• I I I I I I I le I I I I I I I •• I Item No. Description 6 7 8 Chain Link Fence and Gate per SDRSD M-6 at FOtl(c'tF:e ~ Dollars per Linear Foot Relocate Water Meters per CMWD S.D. W3 at ~t'f \\u ~p«..eD Dollars Each Remove & Replace Sprinkler Heads and Irrigation Lines to Private Property and Maintain System Integrity at \;\C. b\:I lliANDR.e:D Dollars (Lump Sum) 9 Curb & Gutter per SDRSD G-2 Type G at ::D>E;L\/~ Dollars per Linear Foot 10 Sidewalk per SDRSD G-7 at 1wo To\....LMS.. :h).\'D f:lF1'{ Q___gp~ Dollars per Square Foot 11 P. C. C. Driveway per SDRSD G-14 at ~E:: ~~~ N:ID F\£-T'( le-tJ\S. Dollars per Square Foot 12 Cross Gutter per SDRSD G-12 at ~\\)8 Dollars per Square Foot 10 Approximate Quantity Unit and Unit Price 580 LF /4 5 EA LS N/A 1,456 LF l7~72 , 10,330 SF 2-JV 1,085 SF 940 SF 1/29/96 I 11 Approximate Item '• Quantity Unit No. Description and Unit Price ~ Total 13 Class II Aggregate Base at 615 TN 2.0~ ( 2 3 .<2.._o I ..-z--r,..-~ (.'.;I::.¥-7 Dollars per Ton I 14 2-1 /2" Class 8-AR-4000 Base 155 TN &t {Cl 230 Paving at I' ~~:z:::t. Jf.X I Dollars per Ton I 15 1-1 /2" Class C2-AR-4000 Cap 220 TN ~C/ (o 7.f"O Paving at r-0: U t2-7" -f Af ( u G I Dollars per Ton 16 St;;ing at LS N/A ~.:>'"\O I Ft..-r-z-y Bd L 1-fVYA-l3o Dollars (Lump Sum) I 17 Pedestrian Ramp per SDRSD 4EA !;J ...... a._t:;> G-27 Type A at (Includes Sidewalk between le BCR & ECR) JC; _,,,-IF-H Uu .Qi <>I'} Dollars Each I 18 Pedestrian Ramp per SDRSD 2 EA 40-° ~<LP G-30 at I J::et./ ,t_ Hr..d.d M 15 ,} Dollars Each I 19 Relocate Sewer Lateral Cleanout 1 EA 5.'<2..P ,":)-...C!.P per CMWD S.D. S7 at re ~ -/t:,.CAJ o. ft. &n I Dollars Each 20 Curb Outlet per SDRSD D-25 at 1 EA {,Q.Q_O }QR.D I f) r.LEi-,#-Cof.4-J.J 9 / Dollars Each I 21 Surveying at LS N/A '~ at.1-1;: TY.t::-V .A.Al t} I __ ,, I Dollars (Lump Sum) •• 1/29/96 I I 12 Approximate •• Item Quantity Unit No. Description and Unit Price Total 22 ~droseed at 8,615 SF e~fv 86 (. ~-o I .EtJ ~\S Dollars per Square Foot I PARK DRIVE AND TAMARACK AVENUE I 1 Traffic Control at LS ~QQ.o 3<2.a.o 1\\-~e---n\t).tSM.1'D Dollars {Lump Sum) I 2 Clear & Grub at LS <faQo .ff<2...0 ~~l+T ,~ki)p I = e;; t+, = '-' 'Dl~ D Dollars (Lump Sum) I 3 Tree Root Trimming and LS N/A I 8:o.o tiBarrier at i.:>1:> \Cci~\SDtt'D I Dollars {Lump Sum) 4 Grind Existing A. C. 322 SF /~4-o ~,;)--c;> .. fo le Pavement 1 1/2" Deep at o~g-~LLA:L ~. ~ w e...E.~~ I Dollars per Square Foot 5 ~nclassified excavation at LS N/A (Q.RJ? I NE: ~s.A--ND Dollars (Lump Sum) I 6 Curb and Gutter Removal at 194 LF ~ 9,0 'F~~r;;:: I Dollars per Lineal Foot 7 A. C. Removal at 20CY !'cz..o I ~ITTt!t Dollars per Cubic Yard I 8 Salvage Street Sign Install 2 EA 15·--o 3(2_0 per SDRSD M-45 at 'U\\~ ~~~ Efi)' I Dollars Each •• 1/29/96 I I 13 •• Approximate Item Quantity Unit No. Description and Unit Price Total I 9 Relocate Wooden Bridge at LS N/A ,29=-£ Tl 1/e; l-+tl t:} p~ I Dollars (Lump Sum) 10 Salvage Mailbox Install per 1 EA (,5'0 ( .:>--..,o I Detail Sheet 3 at Q~~ H-flyj\)~p ¥l't:Jy I Dollars Each ~{0 11 Relocate Water Meter Per 1 EA blO I 9fWD S.D. W3 at ~ I~ tttlcl~t) ~ Dollars Each I 12 Curb and Gutter per SDRSD 259 LF 12 3to<.f G-2 Type G at I (includes depressed curb through driveway) ~EL.VS- le Dollars per Linear Foot 13 Sidewalk per SDRSD G-7 at 1,295 SF 2. ~ :>'"'c;, 3 2--] 1 ~..:>'<? I ~HLl-~~ Dollars per Square Foot I 14 Driveway per SDRSD G-14 at 135 SF ] • ..)-.Q 4-72.. yO ~ :DE>\..t-kE!. s --D-FL P-T\f C.,e:lJ~ I DoUars per Square Foot 15 Pedestrian Ramp per SDRSD 1 EA JOO S'<ZP G-27 Type A at I (includes sidewalk between BCR&ECR~ "ln "~ 'D!re,I2 I Dollars Each 16 Class II Aggregate Base at 110 TN l.f { '7:;"'(} I ~1 rTe:-e~ , Dollars per Ton I •• 1/29/96 I I •• I I I I I I I le I I I I I I I •• I i.:-:~ Approximate Item Quantity Unit No. Description and Unit Price 17 18 19 20 21 22 2-112" Class B-AR-4000 Base Paving at 35TN b' S7 I' )('. +:¥ Ct X Dollars per Ton 1-1 /2" Class C2-AR-4000 Cap Paving at tJ: r~ (n,k_ Dollars per Ton 23TN Striping at LS vµ 1z-0 tfuJ)/l, ~ Dollars (Lump Sum) 42" Wood Fence and Gate per 283 LF Detail Sheet 2 V ~· 'l''::::?P:: L .s--~f eo Dollars per Linear Foot Surveying at ~'-f(trr l{--GWl>eej Dollars {Lump Sum) Hydroseed at Te>r\J e <SIil r:t' Dollars per Square Foot LS 4,350 SF NIA NIA o~(O 14 2,] ( 0 I I 2 7 TotaJ amount of bid in words: Jli.-~ ~~ -- Total amount of bid In numbers: $ 3:J~ S-6b · 3D ~~~ / ~___,;(JI-~~ Price{s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ________ has/have been received and is/are included in this proposal. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. . 1/29/96 I •• I I I I I I I le I I I I I I I •• I 15 The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor \Yithin the State of California, validly licensed under license number 54,3 '1 & I ~ classification A which expires on -'/-.30 ~ 9 2 , and that this sta~ement is true and correct and has the legal effect of an affidavit. 5 } ?-'31 ·°' ~ A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ~d (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. 1/29/96 @ I •• I I I I I I I le I I I I I I I •• I 16 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code _______ Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) {Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code _______ Telephone No. 1/29/96 I •• I I I I I I I le I I I I I I I •• I 17 IF A CORPORA TION1 SIGN HERE: (1) Name under which business is conducted (2) Impress Cor80ta1~ Seal here (3) Incorporated under the laws of the State of t!aLc/;r nc,ci..,, (4) Place of Business City and State (Street and Number) t:.s::u:rndc da . {:H I (5) Zip Code ___ 9,,_,61.__D __ · __ &,_"-/______ Telephone No. NOTARIAL ACKNOWLEOGME-NT !)F EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: m Dr e-t) f<_o.J, ':n t. _.A __ · '{' ____ e._S_t_d_e_n_f-______ _ • moe &l,~shi; V,ee &es1dea+ mB-e' f3e_l-i es t...t~ _Szar __ · _e_fa__r_c5 _____ _ mur~ ~rn 1' .....,/f_r_e._aLS_· f....l--,_.~_e_. r ______ _ 1/29/96 ... -CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF :5/9n l::>1d:go On S: d3 , 9& before me, DATE NAME, TITLE OF OFFICER· E.G., JANE DOE, NOTARY P UC" personally appeared, rhDr eg Ka.../2e,,/?'7 L ~ personally known to me (e,r pro>;•od to me on tl"le basis of satisfactory evidene&) to be the person(~) whose name(s:.) is/.afe- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~r authorized capacity(i:&si, and that by his/hef.41:l.e.ir signature(:s:) on the instrument the person(~, or the entity upon behalf of which the person(:8) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT --------------------------- 0 ATE OF DOCUMENT ___________ _ NUMBER OF PAGES _________ _ SIGNER($) OTHER THAN NAMED ABOVE _______ _ - - 19 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: DEVELOPERS That we, CASTELLO, INC. • "' Principal, and INSURANCE COMPANY 'as Surety a,e held and firmly bound unto the City of Carlsbad. California, in an amount as follows: (must be al least ten percent (10%) of the bid amount) . TEN PERCENT (10%) for which payment, well and truly made, we bind 01.uselves. our heirs. executors and administrators. succv1&or& or assigns, jointly and severalty, firmly by these presents. THE CONDITION OF THE FOREGOING 08LlGA TION IS SUCH that if the proposal of the above- bounden Principal for: MAGNOLIA AVENUf! AND VALLEY S'lREET SIDeWALK PROGRAM CONTRACT NO. 3391 "3 in the City of Carlsbad, ia accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and Insurance policJes within twenty.(20) days frQm the da1e of award of Contract by the City Council of the City of C.rl$bad, being duly notified ot said award,.then this obligation shall become·nuH and void~ otherwise, it shall be and remain in tun force and effect. and the amount specified herein shall be forfeited to the said City. 1/29/96 I l - ( 20 In the evEint Principal execottd this b◊nd as an individual, it is ttgreea that the death of Principal $lu1II not exonerate the Surwty from its obligation$ under this bond. Ex111cuted by PRINCIPAL this .. 22ND _, . day of .... _ ~y ___ . 19 9b PRINCIPAL: ~ :...:-.>~ __ :;.:· µ{1;-.h't)~r,-C+JTl5k-(f! {Ale_\ {Title and Organization of Slgnalory) . 7nDe: /3ehesht,',--~ (print name here) ~r'e~Vc, . CmJ,ielio, JJnc . (title and organiza10n or signlltory) ' Executed by SURETY this ZZND day of--~Y · 1 19~. SURETY: DEVELOPERS INSURANCE COMPANY --'------~--·---••,---(narne of Surety) 17780 FITCH, SUITE 220 IRVINE, CA 92714 (address of Surely) (714) 263-3300 (telephone number of Surety) By: l~_· -·--,-----,,-~-··'-,. (signature of Attorney-in~F . ~ . _ HELEN MALONEY, ATTORNEYt:;ffl-F !-GT..:.: ~\;;<?~: (printed name of Attorney•in•Fact) :: · ~. - (Attach corporate resolution showing current power of attorney.} (Proper notarial acknowledge of execulion by PRINCIPAL and SURETY must be attached.) (Presiuent or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs. the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seel empowering thal officer lo bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 1/29/96 CALIFORNIA ALL-PURPOSE.ACKNOWLEDGMENT • State of--~~~~~~~~~~~~~~~~~~~~~~~-• CALIFORNIA } County of SAN DIEGO On 5-22-96 DATE JOHN G. MALONEY, NOTARY PUBLIC before me,-------------------NAME, TITLE OF OFFICER· E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared __ H_E_L_EN_MAL __ o_N_E_Y _______________ _ NAME(S) OF SIGNER(S) [I personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed• the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. No. 5193 -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute .does not require the Notary to fiU in the data below, doing so may prove i.rwaluable to persons relying on the document. 0 INDIVIDUAL □ CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL DI ATTORNEY-IN-FACT □ TRUSTEE(S) 0 GUARDIAN/CONSERVATOR. □OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) K3NATURE OF NOTARY) --------------OPTIONAL SECTION•--•------------THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT __________________ _ NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ST ATE OF CALIFORNIA :-• COUNTY OF Sl9n b1 ~ju before me, VD 19nn C!/lsP61?5e/l!J 71ci22.r_t1_ PU-bLc;_, ------NA~M-E-, r=-,T-LE_O_F_O.._.FF~,c-E-~r--: E-.G-.,-.. J-'---AN_E_D_O_~_..,._O_T_A_RY_P_U_BL-,c-.. ---~- ' personally appeared, !Y)orefj R.Mln?t~ J _ 'Jn De Jf3ehes.h..£L. ,-.-. rsonally known to me f@ri;lro11eci te i:ne 91"l the basis of satisfactory e:riooA®0-) to be the person(s) whose name(s) i&'are "'ubscribed to the within instrument and acknowledged to me that ~/they executed the same in Ri-sfR.er/their authorized capacity(ies), and that by fl-i.sfR.er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (.) ~a-<', <'V~Yo' An~~~~~ ·" Comm #1032170 " Cl ;',NOTAc:Y rusuc C.£\UFORNIA~' ::i: ' SAN DIEGO COUNTY 0 Comm ExprresJuly14, 1998 o4 (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT ---------------------------- 0 ATE OF DOCUMENT ------------NUMBER OF PAGES _________ _ SIGNER ( S) OTHER THAN NAMED ABOVE _____________________ _ POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 N~ 30 9560 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***JOHN G. MALONEY, HELEN MALONEY, MICHAEL W. THOMAS, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-ln-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of.Attorney is granted and.is signed by facsimile under and by authority of the_following resolutions adopted bythe respective Board of Directors of INDEMNITY . COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY; effective as of September 24, 1986: ·· · . . . . . RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf oft.he corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and t;>EVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA - By_____,~~-~~~~ Walter Crowell Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY ATTEST By_!A/4~. --~~ Walter Crowell Secretary .On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature~ ) CERTIFICATE 1··································••; • C. V. BRINK i .., COMM. #1036712 0 ~ NOTAR. Y ?UBUC -Cl,UFORNIA ~ ~ ORANGc COUNTY I i My Comm. Exp. Aug, 21, 1998 : ................................... . ID--310 REV. (2/96) I •. I I I I I I I le I I I I I I I •• I 20 In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this ___ day of l 19 __ • PRINCIPAL: (name of Principal) By: ____________ _ (sign here) {print name here) (Title and Organization of Signatory) By: _____________ _ (sign here) (print name here) (title and organization of signatory) Executed by SURETY this _____ day of , 19 __ . SURETY: (name of Surety) (address of Surety) {telephone number of Surety) By: ____________ _ {signature of Attorney-in-Fact) (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: JANE MOBALDI Deputy City Attorney 1/29/96 I •• I I I I I I I le I I I I I I I •• I 21 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID• AND "DESIGNATION OF OWNER OPERATORS & AMOUNT OF OWNER OPERATOR WORK• FORMS REFERENCES CAUTIONS INSTRUCTIONS Prior to preparation of the following Subcontractor and Owner Operator disclosure forms Bidders are urged to review the definitions in Section 1-2 SSPWC especially, "Bid," "Bidder,• "Contract,• "Contractor,• "Contract Price,• "Contract Unit Price,• "Engineer,• "Subcontractor" and "Work" and the definitions in Section 1-2 of the Special Provisions especially "Own Organization• and •Owner Operator/Lessee.• Bidders are further urged to review the following sections of the Special Provisions 2-3.1 "General,• 2- 3.3 "Subcontractor Items of Work,• 2-3.4 "Owner Operators• and 2-3.5 "Penalties and Remedies.• Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Bids that propose performance of more than 50 percent of the work by other than the Contractor's own organization will be rejected as non-responsive. Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator (0+0)/Lease of manpower and 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 one Subcontractor or Owner Operator/Lessee the percentage of the bid item installed by the Subcontractor or Owner Operator/Lessee being listed in the line of the form must be entered under the column "0/0 of Item by Sub" or "0/0 of Item by o+o• as applicable. If a Subcontractor or Owner Operator/Lessee installs or constructs any portion of a bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessee installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or to the Subcontractor, as the case may be, installing them. The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets} shall be entered in the "Bid Item No.• column. When a Subcontractor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form page of each type so duplicated. 1/29/96 I •• I I I I I I I le I I I I I I I •• I * 22 Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If using this option the Bidder must indicate the bid item numbers to which the information in the row pertains. This option may not be used where the subcontractor or owner operator is constructing or installing less than 1 00 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row. When the Bidder proposes using a subcontractor or owner operator/lessee to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontractor or designation of owner operator/lessee forms as applicable. The explanation sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are proposed to be so supplied. 1/29/96 I •• I I I I I I I le I 23 DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code-"Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name: J Complete Address: ~ 7 Cft ,t ?> o /4+-~ ;}e. Street City State Zip Telephone Number plus Area Code: {f I V 7 ~ 7 -6J'-a..D California State Contractors License No. & Classification: _.!,GF---=6;__.;:3:.....9.:...· ..i.:bul~----- Carlsbad Business License No.: _________________ _ I f\f ~)11--~ ~~---1-----=----1----u---..:...-+----t-.L.~-=---+-J-_3_8 --11 I ffr.ft. "tf '1, I 1,11-_:::_~-1-....,.,..---+-~~-+------11----t---1--.r.......--t------t--'-----,1 I )Yl:._ ...... :-+-..::::..::.,_----....J.---...::::;,..L---4----U-.!.-~r--:--~-+--=......r....--t--2_, ..;;...R--;, ei1v { 0 I -~-11--2..:.,__f -i....-;;...........::.......:----'----&,----1~~;;;..__...+--=------t--. -3 ---11 .~· )~ (~ '.; (~~ I t11 ,,, :=J~ •• 1/29/96 I I N~M~ D !-¼'# •• \-~0 H~ I}(}. 9~ ~~ II C('f:JS-z._ I 2-~ (1~~ ~J1~ ~(!~ ll €77 J20 / I 3-A-ll'"'°r~ 4, r~ ~t>.-,;_o-0 1763N -4_'vc;._+: ~~~ ~~ fo~d;,/o SJ1 /5,j . : I I I el I I I I I I I •• I I •• I I I I I I I le I I I I I I I •• I 24 DESIGNATION OF OWNER OPERATORS & AMOUNT OF OWNER OPERATOR WORK The Bidder MUST complete each information field on this form for each owner operator/or lessee (O+O) that it proposes to use to perform any portion of the Work, in an amount in excess of 0.5 percent of the Prime Contractor's bid. Additional copies of this form may be attached if required. This form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Except for the individuals listed below the Bidder certifies that no owner operator/lessee will be allowed to perform any portion of the Work. The Bidder further certifies that no changes in the owner operator listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet for each Owner Operator/Lessee. See section 1-2 of the Special Provisions for definition of Owner Operator/Lessee. Full Owner Operator/Lessee Name: ___________________ _ Complete Address: Street City Telephone Number plus Area Code: OWNER OPERA TOR WORK ITEMS State Zip <aid<< ••··eid··prjccf /·······%of• .... <%of••>)•·· >e,d< .••. ~l~ > ••.• il<>f ) i 19! \ lt~rri/ c,fJtern lte~ ~y ••• T<>til > ·······•·······'·•·.tNeom··~····••.•········••.•· ) Price of ·•· Uem by Total No{ It> · .·····•···•···•·· .··•·.··< >OfQ <• :cdritract\ ·• L Jterfe ? f o+or Contract< Page __ of __ pages of this form 1/29/96 I •• I I I I I I I le I I I I I I I •• I BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany ProposaQ 25 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked "CONFIDENTIAL." 1/29/96 CASTELLO, INC. FINANCIAL STATEMENTS VEARS ENDED JANUARY 31, 1996 AND 1995 ,;; • - - CASTELLO, INC. BALANCE SHEET JANUARY 31, 1996 & 1995 ASSETS CURRENT ASSETS Cash Checking Account Accounts Receivable Accounts Receivable Retention Cost and Estimated Earnings in Excess of Billing on uncompleted Jobs Emploee Advances Prepaid Expen.,;es Prepaid Federal Income Tax Prepaid St.ate Income Tax Total Current Assets PROPERTY AND EQUIPMENT Trucks Equipment Field Furniture & Fixture Accumulated Depreciation Total Property and Equipment OTHER ASSETS Deposits Investment Total Other Assets Total Assets 1996 $ 41,246.17 485,011.66 305,543.96 180,226.34 19,525.09 46,943.93 20,500.00 7,750.00 $ 1,106,747.15 72,813.76 162,719.15 25,537.27 261,070.18 (125,764.63) 135,305.55 6,000.00 2,325.00 8,325.00 $ 1,250,377.70 See Accountant's Review Report & Notes To Financial Statements Exhibit ~A" 1995 $ 4,550.35 623,925.72 159,585.08 191,685.35 19,250.00 4,371.20 10,770.00 6,270.00 $ 1,020,407.70 95,719.94 146,398.57 20,523.61 262,642.12 (86,500.54) 176,141.58 3,685.00 2,325.00 6,010.00 $ 1,202,559.28 ! l ' ' I I ' Ex.hibil "A• • CASTELLO, INC. BALANCE SHEET ~ JANUARY 31, 1996 & 1995 LIABILITIES AND EQUITY 1996 .J995 CURRENT LIABILITIES Accounts Payable $ 644,444.42 $ 588,646 . .57 Loan Payable Equip. & Auto s, 165.29 23,537.26 Loan Payable Banks 18,014.46 60,000.00 Payroll Taxes Payable 4,693.20 33,426.14 Billing in excess of cost 0.00 1,493.61 Accrued Expenses 8,069.00 11,192.11 Income Taxes Payable 19,924.00 22,720.00 Total Current Liabilities 700,310.37 741,015.69 LONG TERM LIABILITIES -Loan Payable Equip. & Auto net of current portion 83,843.88 48,060.88 STOCKHOLDERS' EQUITY Capital 71,000.00 71,000.00 Retained Earnings-Beginning 342,482.71 258,268.59 Retained Earnings-Current Year 52,740.74 84,214.12 Total Stockholder's Equity 466,223.45 413,482.71 Total Liabilities and Stockholder's Equity $ l.,'250,377.70 $ 1,202,559.28 See Acrountau!'s Review Report & Notes To Financial Stat,:ments ~ ! i CASTELLO, INC. Exhibit "B f STATEMENT OF !NCOME FOR THE YEAR ENDING JANUARY 31, 1996 & 1995 I I t 1996 .& 1995 % SALES $ 5,605,351.39 100.00 $ 5,904,245.69 100.00 COST OF SALES: Material 1,444,968.90 25,78 1,892,773.44 32.06 Labor 981,621.66 17.51 1,107,292.76 18.75 Equipment 141,279.12 2.52 63,646.38 1.08 Subcontractors 2,121,894.83 37.85 1,732,261.79 29.34 Outside Services 19,251.91 0.34 2,193.35 0.04 FayroH Taxes 108,003.12 l. 93 140,746.22 2.38 Workers Comp. Insurance 39,896.59 0.71 99,721.54 1.69 TOT AL COST OF SALES 4,856,916.13 86.65 5,038,635.48 85,34 GROSS PROFIT 748,435.26 13.35 865,610.21 14.66 GENERAL & ADMINISTRATIVE 697,679.46 12.45 750,139.19 12.71 -.. --~ • NET OPERATING INCOME 50,755.80 0.91 115,471.02 1.96 --- OTHER INCOME (EXPENSES) Refunds/ Rebates 7,722.65 0.14 0.0-0 0.00 Rental Income, net 14,692.39 0.26 0.00 0.00 Interest Income 850.92 0.02 735.53 0.01 Income (Loss) on Sales of Assets (1,357.02) (0.02) (9,272.43) (0. 16) Total Other Income (Loss) 21,908.94 0.39 (8,536.90) (0.14) NET INCOME BEFORE INCOME TAX 72,664.74 1.30 106,934, 12 1.81 INCOME TAXES State Tax 6,758.00 0.12 8,360.00 0.14 Federal Tax 13,166.00 0.23 14,360.00 0.24 TOTAL INCOME TAXES 19,924.00 0.36 22,720.00 0.38 -······-~-·--······· NET INCOME $ 52,740.74 0.94 $ 84,214.12 1.43 • Sec Accountant's Review Report & Notes to Financid Statements I •• I I I I I I I le I I I I I I I •• I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) 26 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract < ~.rt ~eaL 1/29/96 • General Engineering Contractors 457 Corporate Drive Escondido, CA 92029 (619) 747-6500 - PUBLIC WORKS CONTRACTS AS OF MAY 1996 Highway Planting in· San Diego from 30th Street Pedestrian Overcrossing to J Street Overcrossinq, 111-169234 Tom Browne, Resident Engineer State of California, Department of Transportation Opportunity Road, San Diego, CA 92111 Phone: (619) 688-3310 Contract Amount: $543,747 Estimated Completion Date: Highway Planting in San Diego from O. 7 mi W of Woodman Street Overcrossing to 0.6 mi E of Briarwood Road Overcrossing, 111-010334 Tom Browne, Resident Engineer State of California, Department of Transportation Opportunity Road, San Diego, CA 92111 Phone: (619) 688-3310 Contract Amount: $917,808 Estimated Completion Date: 3/98 Martin Luther King Promenade/Santa Fe Right of Way, IK96-058RD Gary Bosse, Resident Engineer Centre City Development Corporation Redevelopment Agency of the City of San Diego 225 Broadway, Suite 1100, San Diego, CA 921015074 Phone: ( 619) 533-7138 Contract Amount: $626,527 Estimated Completion Date: 6/96 Construction of Children's Park, Phase II, Marina Sub Area #K96012RD Gary Bosse, Resident Engineer Centre City Development Corporation Redevelopment Agency of the City of San Diego 225 Broadway, Suite 1100, San Diego, CA 92101-5074 Phone: (619) 533-7138 Contract Amount: $2,117,894 Estimated Completion Date: 6/96 Alpha Street, Phase II, Public Improvements Project Carolyn Harshman,Sr. Project Mgr Southeastern Economic Development Corporation City of San Diego 930 Gateway Center Way, San Diego, CA 92102 Phone: ( 619) 236-6039 · Contract Amount: $1,158,294 Estimated Completion Date: 6/96 __________________ Lic.#563961 _________________ _ - - El Norte Parkway Improvements, County of San Diego, Activity # UJ1391 Matthew Brady, Resident Engineer County of San Diego, Department of Public Works 5555 Overland Avenue, MS-090, San Diego, CA 92123 Phone: (619) 694-3058 Contract Amount: $783,470 Estimated Completion Date: 11/96 Construct Soundwall -Eastbound, National City, Sweetwater Road Overcrossinq to 0.1 mi W of Reo Drive fll-002104 Department of Transportation, District 11 P. o. Box 85406, San Diego, CA 92186-5406 Phone: (619) 688-6094 Contract Amount: $595,456 Estimated Completion Date: 4/96 0.1 mi E of Overcrossing, - - General Engineering Contractors COMPLETED PUBLIC WORK PROJECTS Bonita Road Widening, STM-312 Byron Wade, Project Inspector City of Chula Vista 276 Fourth Avenue, Chula Vista, 92010 Phone: (619) 691-5021 Contract Amount: $385,936 Completion Date: 11/95 CONSTRUCTION OF LIBRARY WALK University of California, San Diego M. Boone Hellman, Assistant Vice Chancellor Facilities Design & Construction 9500 Gilman Drive-0916 La Jolla, CA 92093-0916 Phone: (619) 534-4363 Contract Amount: $1,935,408 Completion Date: ·3/96 (Maintenance) .457 Corporate Drive Escondido, CA 92029 {619) 747-6500 HIGHWAY PLANTING, BIRMINGHAM DR. TO ENCINITAS BLVD. #11-103614 Department of Transportation, District 11 P. o. Box 85406, San Diego, CA 92186-5406 Phone: (619) 688-6094 Contract Amount: $794,378 Completion Date: 05/95 (Maintenance) Construct Soundwall -Westbound, National City, 0.5 mi W of Reo Drive Overcrossing, 111-005604 Department of Transportation, District 11 P. o. Box 85406, San Diego, CA 92186-5406 Phone: (619) 688-6094 Contract Amount: $188,573 Completion Date: 09/95 Alga Road, South Side Improvements, Between Mimosa Road & El Camino Real, #3428 Don Moore, Project Inspector City of Carlsbad 2075 Las Palmas Drive, Carlsbad, CA 92009-1576 Phone: (619) 438-1161 Contract Amount: $181,016 Completion Date: 11/95 RENOVATE LANDSCAPING NAS MIRAMAR HOUSING, NAS MIRAMAR, SAN DIEGO #4141 Navy Public Works Chuck Greenan/Don Hough ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191 Phone: 537-6313 Contract Amount: $157,000 Completion Date: 6/95 _________________ uc.#563961 ________________ _ - - LANDSCAPE TIERRASANTA BLVD/SANTO RD, MURPHY CANYON HOUSING PH II #5066 Navy Public Works Chuck Greenan/Don Hough ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191 Phone: 537-6313 Contract Amount: $213,034 Completion Date: 6/95 CONSTRUCTION OF ENCANTO PARK City of San Diego, Purchasing Department Abi Palaseyed, Resident Engineer 9485 Aero Dr. -MS18, San Diego, 92123 Phone: (619) 627-3232 Contract Amount: $348,615 Completion Date: 5/95 LANDSCAPE & SITE IMPROVEMENTS, 31 PUBLIC HOUSING SITES San Diego Housing Commission 9541 Ridgehaven Court San Diego, CA 92123 Phone: (619) 573-1473 Contract Amount: $1,074,695 Completion Date: 5/95 LANDSCAPE AND IRRIGATE THREE EXISTING BALLFIELDS, MURPHY CANYON HSG, SAN DIEGO, CA #4142 Navy Public Works Chuck Greenan/Don Hough ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191 Phone: 537-6313 Contract Amount: $257,900 Completion Date: 4/95 CONSTRUCT TOT LOT AND PICNIC AREA, BAYVIEW HOUSING, SAN DIEGO #4370 Navy Public Works Chuck Greenan/Don Hough ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191 Phone: 537-6313 Contract Amount: $284,371 Completion Date: 4/95 REHABILITATION OF 4131 MARYLAND ST. San Diego Housing Commission Dan Turpin, Technical Services Specialist 9541 Ridgehaven Court, San Diego 92123 Phone: 573-1473 Contract Amount: $1,234,895 Completion Date: 1/95 - - LANDSCAPE TIERRASANTA BLVD/SANTO RD, MURPHY CANYON HOUSING ~1073 Navy Public Works Chuck Greenan/Don Hough ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191 Phone: 537-6313 Contract Amount: $131,195 Completion Date: 1/95 CONSTRUCTION OF LAUDERBACH PARK City of Chula Vista 276 Fourth Ave., Chula Vista, CA Phone: (619) 691-5074 Contract Amount: $128,737 Completion Date: 10/94 92010 MODIFICATION TO IMPROVE ACCESSIBILITY AT VARIOUS PUBLIC HOUSING SITES San Diego Housing Commission Mr. Dan Turpin, Technical Services Specialist 9541 Ridgehaven Court, San Diego, CA 92123 Phone: (619) 573-1473 Contract Amount: $355,288 Completion Date: 07/94 CONSTRUCTION OF TECOLOTE SHORES ACCESSIBLE PLAY AREA City of San Diego, Purchasing Department Regan Owen, Resident Engineer 9485 Aero Dr. -MS18, San Diego, CA 92123 Phone: (619) 627-3241 Contract Amount: $629,785 Completion Date: 06/94 IRRIGATION UPGRADE AUTOMATE IN.SAN DIEGO COUNTY IN SAN DIEGO & LA MESA #11-189864 Department of Transportation, District 11 P.O. Box 85406, San Diego, CA 92186-5406 John Hurtzig, Resident Engineer Phone: (619) 688-6094 Contract Amount: $349,044 Completion Date: 07/94 SAN CARLOS STREET MEDIAN City of San Diego, Purchasing Department Alberto Paiva, Resident Engineer 9485 Aero Dr. -MS18, San Diego, CA 92123 Phone: (619) 627-3241 Contract Amount: $ 87,400 Completion Date: 07/94 - - SECURITY IMPROVEMENTS AT VARIOUS PUBLIC HOUSING SITES San Diego Housing Commission, Steve Snyder, Technical Manager 9541 Ridgehaven Court, San Diego, CA 92123 Phone: (619) 573-1473 Contract Amount: $178,553 Completion Date: 07/94 CONSTRUCT PARK & RIDE, NORTH COUNTY FAIR OVERCROSSING, ESCONDIDO ill-095154 Department of Transportation, District 11 P.O. Box 85406, San Diego, CA 92138-5406 Mr. John Isaak, Resident Engineer, CalTrans Phone: (619) 688-3194 Contract Amount: $508,575 Completion Date: 06/94 DOWNTOWN SIDEWALK IMPROVEMENTS City of Oceanside, Engineering Department Mr. Harry Corder, ,Project Manager 300 North Hill Street, Oceanside, CA 92054 Phone: (619) 966-4731 Contract Amount: $ 310,015 Completed: 07/94 CONSTRUCTION OF SUNNYSLOPE NEIGHBORHOOD PARK, PHASE II City of San Diego, Purchasing Department Mr. Ali Delalat, Resident Engineer 9485 Aero Dr.-MS18, San Diego, CA 92123 Phone: (619) 627-3234 Contract Amount: $301,249 Completed: 06/94 IMPROVEMENT SAN YSIDRO BLVD. SMYTHE AVE. City of San Diego, Purchasing Department Mr. Matt Souttere, Resident Engineer 9485 Aero Dr. -MS18, San Diego, CA 92123 Phone: (619) 627-3234 Contract Amount: $287,080 Completed: 06/94 CONSTRUCTION OF CANYONSIDE COMMUNITY PARK -CHILDREN'S PLAY AREA City of San Diego, Purchasing Department Mr. Michael Ninh, Resident Engineer 9485 Aero Dr. -MS18, San Diego, CA 92123 Phone: ( 619) 627-324 7 Contract Amount: $58,500 Completed: 06/94 I •• I I I I I I I le I I I I I I I •• I BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) 27 1/29/96 ~ AtitHHt .. CERTIFICATE OF INSURANCE CSA CK DATE (MMIDOIYY) Pl'IO~ CASTEll 04/23/96 THIS CERTIFICATE lS ISSUED AS A MATTER OF INFORMATION Assoc ./HRH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Granger-Hanna IM, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR • imberly Avenue, Ste • 200 AL TEA THE COVERAGE AFFOAOl'iD BY THE POLICI.ES BELOW. · ntia CA 92670 COMPANIE~_AFF_ORDING COVERAGE ['.: -------· COMPANY 714-579-2929 Fax No. A Pacific Insurance Company Phone No. ·-INSURED COMPANY B . - COMPANY Castello, Inc. C 457 Corporate Dr. ------· COMPANY Escondido CA 92029 D COVERAGES ..... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE .INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANOING ANY REQUIREMENT, TERM .OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSlONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ----~-·---· .. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIODfYY) DAlE (MM/00/'YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, 000 _____ . ,__ A X COMMEACIAl GENERAL UABIUTY Zl0002868 10/25/95 10/25/96 PROOIJCTS • COMP/OP AGG s l,000,000 1--n Ct.AIMS MADE m OCCUR ·-·· PERSONAL & ADV INJURY $1,000,000 OWNER'S & CONTRACTOR'$ PROT EACH OCCURRENCE s 1,000,000 i---. -···· FIRE DAMAGE (Any one fire) s NOT COVERED i---.. MED EXP (Any one person) s NOT COVERED AUTOM081LE LIABILITY ,__ COMBINED SINGLE LIMIT $ ANY AUTO -ALL OWNED AUTOS BODILY INJURY i---(Per p<1rll0n) $ SCHEOIJLED AUTOS 1-- ! -= HIRED AUTOS BOOIL Y INJURY (Per accident) $ NOO-OWNED AtJTOS . -~~-~ . ··----' -· PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ -.,,-.. ANY AUTO OTHER THAN AUTO ONLY; ---·· EACH ACCIDENT s -AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE s 1,000,000_ A ~ UMBRELLA FOAM TJ0001446 10/25/95 10/25/96 AGGREGATE , 1.000,000 OTHER THAN UMBRELLA FORM ;S WORKERS COMl'>EHSATION AND I STATUTORY LIMITS EMPLOYERS' LIABILITY --.---.-.,.---· EACH ACCIDENT $ R::L . --· THE PROPRIETOR/ 04SEASE · POUCY LIMIT $ PARTNERS/EXECUTIVE --.. -~---- OFFICERS ARE; DISEASE · EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERA TlONS/LOCATIOffSNEHICLES/SPECIAL ITEMS 30 DAY NOTICE OF f LLATION EXCEPT 10 DAYS FOR NON-PAYMENT Of PREMIUM SEE ATTACHED.ADDI L INSURED E'OORSEMENT, RE: MARTIN LUTHER K PROMENOADE SANTA FE RIGHT OF WAY, AC9600656, BID I K96-058RO · CERTIFICATE HOI OFR. CANCELLATION 31 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE -EXPIRATION El.ATE THEREOF, me lSSUING COMPANY WILL l!WD!ll<YOH -m'MAIL 2Q.._ DAY'S WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT, ,61/'f FAILURE Te MAil e11et ! NO'l'teE 911ittLL IMl'O'SE NO O!IU<)ll<TION 01'1 Ll1<81U'!"l' - •8F AN¥ ~IPl.81,;JPQN :i:IIE.G8MPAN¥1 l+i' AQEN:;:&.OR-RliPRe$1i~TATIVi$.-- ACORD 25-S \.>/~.>J '"'"°~";,~· AJ-•IJ¾◄ ---@ACORD CORPORATION 1993 . 1.,/ ST ATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE -FUND CEF_tTIFICATE OF WORKERS' COMPENSATION INSURANCE .J V NE 1 7.,,, NUIMtjt::H:'---NIT COO 11 o 5 .., ~ , ... :' : ... : ; , [fr:Jr~t:; :~.; R (s ~:p;.J i?· ... ·.· . .· t· ;:).~·-"}'t;:~~:i}~; .. s ~ 2ii1;'t(~ks!: s·1 -·-l ~ .. VALLEY ST. AN K DR., SIDEWALKS L : .,PROJ.,_;CJ ,-.~.~---3391~3. '•"-:::-·,. .,This is to certify that we have issued a valid Workers' .Compensation insurance policy in a form approved by the California Insurance CorTlmissi.oner to the e~ployer named below for the policy p,eriod indicated . . . ·1• •·.-..,, .. ·J••· "· ·-·· •. ,;.;.... __ . . .• r. .. . . ~ .. : .. : .. ·:_~---,-.-~-~~~~-:---~--~ . -.. ·•. __ ,._. ·_·3 :;.,.f· .. ,;,_ -., ...... ·_t:: ,•·:--.• -~---. -·• - ' ':'This policy is not subject to cancellation by the l=und except' upon~~rraays' advance written notice to the employer. 3 :) -~ -. . '. . ' We will also give youxfjfN·-days' .. ~qvance notice should this policy be cancelled prior to its normal expiration. ·• .. ·•: ·'··,'-.•· This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect. to which tl:]is certificate of insurance· may be issued or may pertain, the insurance afforded by the policies described herein is $Object to all the t~rmsi e>:<clusions;an.d conditions of _;:{'.:·::.\>·. . .. •;7~~~+ AUTHORIZED REPRESENTATJVE .. •· --. tMPLOYER'S LIA5IL£rv LIM!T~I~ <~/:: ./?>>+ 1!t~~ .·.·.•· ARESlO'l='NT · .::: .. :'J\tt ·>> "•-?·./' 411spt1,;tGo: ? e R o ccu RR f u c ;: ~ N 60 RS F. ij'f' t..T # 2 0 6 5 E NT r T L c D CE R T ! Fl C AT E . H O Lo E P. s"~ N OT I C E E F F EC T l V E 04/01/90 IS ATTACHED TO AND FO~MS A PART-OF THIS POLICY • .., . ... -·c, ... : L _ THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND sc1F 102s2(REV. iJ-95} CENTURY-NATIONAL INSURANCE COMPANY POLICY NO,: BAP~67711 BUSINESS AUTO POLICY -ENDORSEMENT , '', N·' , ... ._/PAGE, . <'.·, i l.i J. NlsMED INSURED' S BUSINESS CONTRACTORS I "\"1',' ~ ".lt.J ;:-,. BROKER NO. 981-1826 Policy covers FROM 10.v7 AM ON 11/10/1995 ~NDORSEMENT EFFECTIVE DATE 1 04/25/1996 FROM l0:12 AM Insured: DBA: CASTELLO INC. M.RAHIMI & M. BEHESHTI 457 CORPORATE DRIVE. ESCONDIDO, CA 92029 Broker, WHITCOMB SURPLUS LINES BROKERS 109 W TORRANCE BLVD. #101 REDONDO BEACH, CA. 90277 10 -=~====,==========================================-·~---- • 1\DDITIOHAL INStTF.i:m ENDORZEMEUT IT IS AGREED THAT INSURANCE AFFORDED BY THE ABOVE POLICY SHALL APPLY TO THE PARTY (S) NAMED BELOW, A:S THEIR INTERESTS MAY APPEAR BUT SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY 1 S LIABILITY . ADDITIONAL INSURED CN 2 2 4 ( 3 / 92 ) ,ae Printed: 05/16/1996 19'ig Mampourian " CN) CENTURY-NATIONAL INSURANCE COMPANY POLICY NO.: BAP-67711 V BUSINESS AUTO POLICY -ENDORSEMENT ,·,N· ,..,.uPAGE: .c',l (.i J. NI-MED INSURED' S BUSINESS : CONT'.RACTORS -CY PERIOD: Policy covers FROM 10.u7 AM BROKER NO., 981-1826 ON 11/10/1995 ).:scomL·-), . _ : TO ll/10/1996 (6JOJ 743_l')Q? _ Fax 'j,~J-~~SEMENT NO., ENDORSEMENT EFFECTIVE DATE: 04/25/1996 FROM 10:12 AM Insured: DBA: CASTELLO INC. M.RAHIMI & M. BEHESHTI 457 CORPORATE DRIVE. Broker: WHITCOMB SURPLUS LINES BROKERS 109 W TORRANCE BLVD. #101 REDONDO BEACH, CA. 90277 ':, ESCONDIDO, CA 92029 1'.DD!TIONAL !NSTJP.E:D ENDO:RDEMEN'T IT IS AGREED THAT INSURANCE AFFORDED BY THE ABOVE POLICY SHALL APPLY TO THE PARTY (S) NAMED BELOW, AS THEIR INTERESTS MAY APPEAR BUT SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. ADDITIONAL INSURED $100.00 SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB}, SAN DIEGO TROLLER, INC. (SDTI),SAN DIEGO AND ARIZONA EASTERN ?J..ILnAY COMP. ( SI;&AE) , SA..~ DIE.;o Alw :G•iPERIAL VALLEY AA:i:LRvAD (SD&IV) AND .SAN DIEGO TRANSIT CORPORATION (SDTC}. 1255 IMPERIAL AVE. STE.#1000 SAN DIEGO, CA. 92101-7490 CN 224 (3/92) .-,e Printed: 05/16/1996 .. ig Mampourian lO I •• I I I I I I I le I I I I I I I •• I BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) 28 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? ✓ yes no 2. If yes, what was the name of the agency and what was the period of debarment? party debarred agency period of debarment 1/29/96 I •• I I I I I I I le I I I I I I I •• I State of California NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 ) County of -S,q/) b,~c> ) ss. ) ' _Th __ D_r_e_t_,_{.....;...~_J_'L_l_-.n_·_u: __ " __ , being fir~t duly sworn, deposes (Name of Bidder) /) and says that he or she is rre.stdenr (litle) of <!a.sl::e t lo i..O n<! , (Name ot Firm) 29 the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of ~ry that the foregoing is true and correct and that this affidavit was executed on the ~ a /l day of '--rnC½:j , 19 ~ hJ ? '1ff '-~ Q Subscribed and sworn to before me on the _c::>(_v_-__ day of _---.:~:....;..~__;;,i:....---• 19 ~ (NOTARY SEAL) 1/29/96 • • • 30 CONTRACT-PUBLIC WORKS This agreement is made this J/# day of ~-, 19 f6 , by and between the City of Carlsbad, California, a municip ~ ration, (hereinafter called "City"), and CASTELLO INC whose principal place of business is 457 CORPORATE DRIVE, ESCONDIDO CA 92064 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT NO. 3391-3 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's Statements of Financial Responsibility, Technical Ability and Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. 4. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. Payment. For all compensation for Contractor's performance of work under this· Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereinafter designated •ssPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted according to the required City format to the City's assigned project·· manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to California Civil Code Section 3184 . 1/29/96 • • 5. • 31 Public Contract Code section 20104.50 requires a summary of its contents to be set forth in the terms of the contract. Below is such a summary. However, contractor should refer to Public Contract Code section 20104.50 for a complete statement of the law. The city shall make progress payments within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If payment is not made within 30 days after receipt of an undisputed and properly submitted payment request, then the city shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the city shall, as soon as practicable after receipt, determine whetherthe payment request is a proper payment request. If the city determines that the payment request is not proper, then the request shall be returned to the contractor as soon as practicable but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the payment request was not proper. If the city fails to return the denied request within the seven (7) day time limit, then the number of days available to the city to make payment without incurring interest shall be reduced by the number of days by which the city exceeds the seven (7) day return requirement. "Progress paymenr includes all payments due contractors except that portion of the final payment designated by the contract as "retention earnings•. A completed and executed release form in the form described in this contract {hereinafter "Release Formu) shall be submitted prior to approval of each progress payment. The contractor shall list all disputed claims or potentially disputed claims which arise during the pay period. The purpose of the Release Form is to bring timely attention to areas of dispute or potential dispute between the contractor and the City for the pay period. Failure of the contractor to submit a completed and executed Release Form shall constitute the contractor's acknowledgment that no disputes of any type have arisen that pay period or remain from previous pay periods and the contractor waives all future rights in making claims for disputes arising in those pay periods. All previous and new disputed claims or potentially disputed claims shall be listed on the Release Form until such time as the disputed claims are resolved. The contractor shall not modify the Release Form in any way. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City . 1/29/96 • • 32 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 8. Change Orders. City may, without affecting the validity of the Contract, order changes, modifications and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. The only person authorized. to order changes or extra work is the Project Manager. The written change order must be executed by the City Manager or the City Council pursuant to Carlsbad Municipal Code Section 3.28.172. • 1~ • • • 33 9. Immigration Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, including, but not limited'to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. · 10. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method . Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 12. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) COVERAGES AND LIMITS -Contractor shall maintain the types of coverages and minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured . 1/29/96 • • • 34 2. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned; non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 3. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) ADDITIONAL PROVISIONS -Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability, Employers' Liability and Automobile Liability Coverages: 1. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, employers' liability and auto liability coverage . 2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 4. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) "Cl.AIMS MADE" POLICIES -If the insurance is provided on a "claims made" basis, coverage shall be maintained for a period of three years following the date of completion of the work. (D) NOTICE OF CANCELLATION -Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested . 1/29/96 • • • 35 (E} DEDUCTIBLES AND SELF-INSURED RETENTION (S.1.A.) LEVELS -Any deductibles or sett-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. {F) WAIVER OF SUBROGATION-All policies of insurance required underthis agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (G) SUBCONTRACTORS -Contractor shall include all subcontractors as insured under its policies or shall fumish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS -Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (I) VERIFICATION OF COVERAGE -Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behatf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before work commences. (J) COST OF INSURANCE-The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 {commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Special Provisions I section. The contractor shall initially submit a.II claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2{a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 ~., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation . 1/29/96 .. • • 36 (B) Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution . (C) Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. t(Zf __ I have read and understand all provisions of Section 13 above. lnffiar 14. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with 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 be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 17. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction . 1/29/96 • • • 37 18. Additional Provisions. Any additional provisions of this agreement are set forth in the ·General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED - (CORPORATE SEAL) CONTRACTOR: CA-.STb?,lO • /AIC ~ (name of Contractor} · ' By: ~.Jc-: /-11 p.e, 15 Y .iA flp1 t / 1)t2,.p ll tJ tsu r (print name/title) -,' J) ~ By:~'6~• (sign here) ~ (print name/title) ,, President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney JANE MOBALDI Deputy City Attorney 1/29/96 -. ,_ ►. t l' -CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ' COUNTY OF ~a J:>1':30 On 1-6-q~ before me, __ ~_To--'---;CJ."'--a,.,.a_,__-=~.,_/1"'""'S"'""P._',!;c __ tf'"'""'--"'5-"'e-'-"/l/-,.--_r;_._o_i_ar_!:f..,....,__H_U_u..e,_~ __ _ NAME, TITLE OF OFFICEf'i"-E.G., "JANE DOE, kbTARY PUBLIC" OATE personally appeared, 7?2oe J8-e.Aes/2_tL-' personally known to me (e-F-J3-Foi.rcd to me on ti 1e basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. n~10~ 1/1 NOTARY PUBLIC SIGNATURE (SEAL) OPTIONAL INFORMATION Jo /l1nn Ca.spersens; Comm #1032170 ~ TARY PUBLIC CAUFORNI D!EGO COUNTY Comm Expires July 14. 1998 _. TITLE OR TYPE OF DOCUMENT __________________________ _ UATEOFDOCUMENT ___________ _ NUMBER OF PAGES _________ _ SIGNER(S) OTHER THAN NAMED ABOVE _______________________ _ • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF 6An ~l~o On &-i<fl-90 DATE before me, ----"-~__,_ ___ U_a_,s'--e_r_s_en_+--_M_o_i._a ___ r-1--_!1._u_--.b_G_~_: _ NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY BLIC" personally appeared, /?7()-uZt( ~ oer son;:i11y known to me (ot:ornvee to r-:i;:ie ontt=ie basis or salisfactory evidence) to be the person~ whose name(~ is/.ara ·:,ubscribed to the within instrument and acknowledged to me that hershcithey executed the same in his/19er/tfleir authorized capacity(J:8&). and that by his/h@r/thoir signature~) on the instrument the perso~. or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. {Jll~✓~~ 7 1 OTARY PUBLICIGNATUAE (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT ~ A. -<>:.-:-:::'>-,~ Jo Arm Caspersen~ Comm 1'!1032170 ,... OT ARY PU3UC CALIFO.P~l\!!A~ SAN DIEGO COUNTY H Comm. Expires July 14, 1998 ..A ---------------------------- U ATE OF DOCUMENT ___________ _ NUMBER OF PAGES ----------- SIGNER1S1 OTHER THAN NAMED ABOVE ----·------__________ _ ,, -~. • EXECUTED IN TRIPLICATE BOND NO. 421819P 3e . NUfUM'INC~µ~ lij, .. rf;I,fQ.R.!_~CE BOND . LABOR AND MATERIALS BOND . . WHEREAS, the City Council of the City of Carlsbad. State of California, by Resolution No. 96-2011 • adopted JUNE 111 1996 has awarded to CASTELLO I NC (heNinafter ck,signated as the •Principar), a Contract for: MAGNOLIA AVENUe AND VALLI!Y STREET SIDEWALK PROGRAM CONTRACT NO. 33914 in the City of Cartsbad, "in· •tri~ conformity with the· drawings and specfflcatlons, and other· Contract Documents now on fife In the Offiee of the City Clerk of the City of~ wed .at of · which are incorporated herein by this reference. · · WHEREAS. Principal has exeouted or is about to execute said Contract and the terms thereof require the fumishing of • bond, providing that if Principal or any of their au~ ehalt fail to pay for any materials, provisions, provender or other supplies or teams U$ld In. upon or · about the performance of the work agreed to be done. or for any work or labor done the...on of any kind, the Surety on this bond will pay the same to the extent hereinafter Nt forth. NOW. THEREFORE, we. CASTELLO INC ' .. Principal, (hereinafter deelgnated as the "Contractor"), and DiY&U,OPERS INSURANCE' COMP .AWJII Surety. are held firmly bound unto the City of Carlsbad in the sum of ONE · ROAbR!ts · SEVENTY NIN§ THOUSAND SEVEN HUNDRED EJOHTY THREE•·, 15/001 ~ .OiiU.. : . ($ 17 , • ), said sum being fifty percent (eio'M of th4t istlmii4!KI ~-payllble by the City of Caiii6ad under the tenns of the Contract, for which payment-~l;.,-.d t,:uly to be• made we bind ourselV95, our heirs, executors and admlnistraton9t successons, or uslgns. jointly and severally, firmly by these presents. · THE CONDITION OF THIS OBLIGATION IS SUCH that if the 119rson or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams u.nd Ira .. •.· .. uu.po .ri n, fo. . r, or about the performance of the work contracted to be done, ·or tor any other work o,:labotthereon of any kind, or for amounts due under the Unemployment Insurance Code Witl1 --~ to sµch work or labor, or for any amounts required to be deducted. withheld, anct~ Qver.to.othe ... Employment Development Department from the wages of employNS of·the.oontrador-.ncf··. subcontractors pursuant to Section 13020 of the UMmployment lnsunln08 Code with N8pee;lt3 to such work and labor that the Surety wlfl pay for the same, not to exceed -tl:le aum·.~·• in the bond. and, also, in case suit is brought upon the bond, coats and AIUO~, ~nses and fees, Including reasonable •ttonwy's f••, to be fixed by the oourt, u required ~y the provisions of Section 8248 of th• California Civil Code. · . . This bond shall lnure to the benefit of any and all persor\t, companies and oorporaliona ernltled to file claims under rstl• 15 of Part 4 of Division a of the Civil Code (commencing with Sectio., ·. 3082). Surety stipulates and agrees that no change. extension of time, alteration or addition to the · te"11$ of the Contract. or to the work to be performed thereunder or the.· ~cations accompanying the sam9 snail affeot its obligations on this bond, end it does her$bywalvtl ~ ... of any change, extension of time. alterations or addition to the terms Qf the contract or to .the work or to the $peciflcations. · 1/29/96 .• . , r • .; .. • 39 . In the event that Contraetor is an Individual, it is agreed that th• death of any such Contractor shall not exonerate the Surety from its obllgatlons under this bond. Executed by CONTRACTOR this l 7TR day of JUNE , 19 9e. CONTRACTOR: CASTELLO, INC. (name of COntractor) Sy:~~ (sign here . . . · ., (print name, here) : ~ : ~ P/'e::uden-6 C4?tefc'.o fJo<?. (titl•. jnct organization of signatory) By.~~ (sign hero) « (print name here} -Sea rel·a_irli. fu6t~ Llo JJ n ('. (title and org lien of signatory) 17TH Executed bySURElYthl$ __ ~-•Y of JUNE , 19 96. . SURETY: DEVELOPERS INSURANCE COMPANY (name of Surety) 17780 FITCH, SUITE 220 IRVINE, CA 92714 (addret,$ of Surety) (714) 263-3300 (telttphone manber of Surety) H&l,EN MALONEY . , ✓( (printed name of A\torney..in.Fact) 5 >' . , : • _/ ,--. -~ {attach corporate reeolutlon ehowing ourrent power of· attorney) (Proper notarial acknowledge of execution by CONTRACTOR alld SURETY must be attached-) (President or Vice-president and secretary or assistant MCretary 111.ist aign for oorporations. If only one offteer signs, the corporation must attach a resolution certified by. the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVEO AS TO FORM: RONALD R. BALL City Attorney . U/J-/4ut By: =MOBALOI y City Attorney ·* 1/29/98 ···. ~ . J ,_ • . ' '. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT - -,.ATE OF CALIFORNIA COUNTY OF San Diego 6/18/96 before me, __ J_o_A_n_n_c_a_s_p_e_r_s_e_n_, _N_o_t_a_r_y_P_u_b_l_i_c _______ _ DATE NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, · Morey Rahimi personally known to me (oi-~~~~~~~18:fa<§~~~) to be the person~) whose name(:s:) is/x~ subscribed to the within instrument and acknowledged to me that he/SRoo'~y executed the same in his/bfoo'jb]iir authorized capacity(i'e:&), and that by his/hlltxtkaiixsignature(g:) on the instrument the person~). or the entity upon behalf of which the person(f) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Jo Ann Caspe!sens: Comm #1032110 G) OTARY PUBLIC CALIFORNIAO SAN DIEGO COUNTY Comm ExpiresJuly14.1998 _. OPTIONAL INFORMATION TlTLE OR TYPE OF DOCUMENT _____________________ _ DATE OF DOCUMENT __________ _ .... ~~ . NUMBER OF PAGES _______ _ .,IGNER(S) OTHER THAN NAMED ABOVE __________________ _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFOUIA County of SAN DIEGO } On 6-17-96 before me JOHN a,. MALONEY, NOT.AllY PUBLIC DA TE I NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC" . ' personally appeared_B_EL_II __ MW>N....,.· __ .. _·_BY ________ _;_ _ _;,_ ______ ., NAME(S) OF SIGNER(S) ~ personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized · capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. No. 5193 -OPTIONAL SECTION- CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data.below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL □ CORPORATE OFFICER(S) TITLE(S) □ PARTNER(S) B LIMITED GENERAL ~ ATTORNEY-IN-FACT □ TRUSTEE(S) □ GUARDIAN/CONSERVATOR 0 OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) --------------• OPTIONAL SECTION iiiiiiiiii11111111 ____ _. _____ _ THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT __________________ _ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ CALIFORNIA ALL .. PURPOSE ACKNOWLEDGEMENT - STATE OF CALIFORNIA COUNTY OF __ ..,,S..,.A,.,..N...__..Q...,.S ... I ..... G"""o,___ __ personally appeared, 'Moe Behesht i personally known to me {arqai10mditaune~~M~~dtrlf::i:Ydtoo~ to be the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the!r authorizeo capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which it,e person(s) acted, executed the instrument. ~TNESS my hand and official seal. ~Li~ OTARY PUBUCSIGNATURE (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT -----------------------·-,.···-·-... OATE OF DOCUMENT __ ~---------NUMBER OF PAGES _________ _ SIGNER(S) OTHER THAN NAMED ABOVE _____________________ _ POWER OF ATTORNEY OF INDEMNITYCOMPANY OF CALIFORNIA AND DEVELOPERS.INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 1. All power and authority herein granted shall in any event terminate on the.31st day of March, 1999,_ 2. This Power of Attorney is void if altered. or if any portion is erased. N~ 309639 3. This Power of Attorney is void. unlesS the seal is readable, the text is in brown ink, tt1e. signatures are in blue ink and. this notice ii} in red. ink. 4. This Power of Attorney should not be returned to the Attorney{s)-ln-'Fact, but should. remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CAL1FORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***JOHN G. MALONEY,HELEN MALONEY, MICHAEL: W. THOMAS, JOINTLY OR.SEVERALLY*** the true and lawful Attorney(s)-ln°Fact, to make, execute, deliver and acknowledge, for and. on behalf of said corporations as sureties, bonds, undertakings and contracts of.suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attomey(s)-ln-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-ln-Fact, pursuant to these presents,· are. hereby ratified and confirmed; --·. Th.is Power of Attorney is granted and is signed by facsimile under and. by authority of tile following resolutions adopted by the· respective Board of Directors of I.NOEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the !"resident and any Vice President of the corporation.be, arid that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney{s) named in the Powers of Attorney to execute, on behalf ofthe corporation, bonds; undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,. and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. · INDEMNITY COMPANY OF CALIFORNIA • By------'~'---""'-.. .....____,,._· . --~~~---,..- Walter Crowell Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY ATTEST By_~_.··• .•. ~---~~'' • • - Walter Crowell Secretary On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr; and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name{s} ls/are sutiscribed .to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the .parson(s) acted, executed the instrument. WITNESS my .hand and official seal, Sgnature~~-·~ ,· . .,,.·/ ____ • ·.-• ~-~~ CERTIFICATE The undersigned, as Senior Vice President of .INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice.f>resident of DEVELOPERS INSl,IRANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney .remains in full force and has not been revoked; and furthermore, thatthe provisions of the resolutlons of the respective Boards of Directors <;>f said corporations set forth in the. Power of Attorney, are in force as ofthe date of this Certificate, • This Certificate is executed in the City of Irvine, California, this 17 Ti:\iay of JUNE 199_6_· __ . MNITY COMPANY OF CALIFORNIA · fo,N DEVELOPERS INSURANCE COMPANY -d«~ i}~;:~ drr~ LC. Fiebiger ~ . ~ ~ LC. Fiebiger Senior Vice President ~ l lFrfn~"' ~ Senior Vice President By * ID 310 REV (2198) ---. ,· • • • • • . "'"'·" ~-.,, ... ,, '""'"""''"'"EXECUTED~N""?rRIPf.1:cAtE--,..,~ BOND NO. 421819P PREMIUM: $5,178.00 · 4() PREMIUM IS FOR CONTRACT TERM FAllliFUL PERFORMANCE/WARRANTY BOND ANDISSUBJECTTOADJUSTMENT BASED ON FINAL CONTRA.CT PRIC~ .. WHEREAS, the City Council of the City of Carlsbad, State of Califomia, by Resolution No._ 96-104 , adopted JUNE 11, 1996 • has awarded to CASTELLO INC (herelnaftel'. designated u the •Principal•), a Contract tor: · · · •· MAGNOLIA AVl!NUE AND VALLEY STREET SIDEWALK PROGRAM CONTRACT NO. 3391-3 in the City of Carlsbad, In strict conformity with the contract, the draWings and s~lfications. . and other Contract Documents now on file in the Office of the City Cl•rk of the City of Carlsbad, all of which are Incorporated herein by this reference. · · WHEREAS, Princ::ipal has executed or·is about to execute Hid Contract and .trnJ.terms thereof·•· require the fuml9hing of a bond for the faithful performance and wananty of Hid Contract; NOW, THEREFORE, WE, CASTELLO I NC u Principal. (hereinafter designated as the •contractol"), and DEVELOPERS INSURANCE COMPANY , as Surety, are held and firmly bound unto the Cttr of Cer1s~. -ih-.t ..... he-su_m_of..--~T~H=R=e=E"'"'!H-U~N·oRED FIFTY NINE THOUSAND FIV~ HUNDRED . SIXTY six ANl5 30/00-------------------'.""-,.---------~ ... ""'.-~"!'--•"'0ollars ($359,566.30 ), said eum being equal to one hundred percent (100%)of.t~ estimated amount of the Contract, to be paid to City or its certain attomey, its succe8'Qnt and"'5tigns; for which payment, well and truly to b9 made, we bind ourselves, our heirs, executol'$ · and administrators, successors or assigns, jointly and severally, ,firmly by these pr999nts • THE CONDITION OF THIS OBUGA TION IS SUCH that If the above bounden Opl'\tractor, their heirs, executors, administrators, successors or assigns, shall in all things e~t~ ·~. ab~• by,· . ·· and well and truly keep and pelfotm the covenants, conditions, and agree~~ilr;t,t,,..G9flt.-act ;: , .· .... and any alteration thereof mad• as therein provided on their part, to ~ k"J4 ~··~rfQrrra,cl i~{; · • the time and in the manner therein specified, and in all respect& aocc:,rd~pg t~\V,.ir.tl\i•,1"'1l•nt'i and meaning, and shall indemnify and save harmless the City Of c.rtsbtci.'•its.>offic)e~•····. employees and agents. as therein stipulated, then this obligation shall. become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount apec;ifled therefor, there shall be included costs ,u,d reasonable expenses and fffs, Including reaso,.bi. .itomets fees, incurred by the City in sucoessfully enforolng such obligation, all to be taxed u costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to ttHt . terms of the Contract, or to the work to be perform4'd thereunder.~r tl'le'.~~.·i. > accompanying the same shall affect Its obligations on this bond, and it does hereby waive~( ·· · of any change. extension of time, alterations or addition to the terms of the contract orto the •, work or to the specifications. · · · 1/29/96 • ' • ' . 41 In the event that Contractor is an indMdual, it is agreed that the.death of any such Contractor . 8hall not exonerate the Surety from· its· obligations under this bond,· Executed by CONTRACTOR this 17TH day ~f · JUNE • 19-2§_. CONTRACTOR: CASTELLO, INC. (print fi$~here) · ~ ~ --~ . ·:. :~-,~ ,-;:"' _,.>< :~~>·/+e.;,1de:of . <?:es,~ t-LD Tnc (Title end Organl~atlon -61 Signatory) Sr, I•~~ fr7oe /3eheJht/ (print name here) 0eare.ca~ . {la..stdlo . J)pc. {rltle and Onization of signatory) executed by SURETY this 17TH day of JUNE , 19 96. , . · SURETY: DEVELOPERS INSURANCE COMPANY (name of Surety) 17780 FITCH, SUITE 220 IRVINE, CA 92714 (address of SUrety} (714) 263-3300 . (telephone number of SuAJty) -· Sy: (J~l 'C' HELEN MALONEY (printed name of Attorney .. Jn..Fact) (Attach corporate reSQtution showing current power of attorney.) (Proper notarial aoknoWledge of execution by CONTRACTOR and SURETY ITIA'1 be ettached.) {President or vice-president and secr~tary or assistant secretary must sign for CQrporatiol'IS. If only one officer signs, the oorp0tation must attach a resolution cenified by tl'19 aCtCretary or · assistant secretary under corporate seal empowering that otrteer to bind th• oorporatl9ni) · ' .. -.·. ·. APPROVED AS TO FORM: RONALD R, BALL City Attorney By: t!;,E M08ALOI uty City Attorney .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT - STATE OF CALIFORNIA COUNTY OF San Piiag:o 6/18/96 before me, ---=J...::;o__::.A::.;.n=-n;;__;C=-a=-s;;...ip..._e=-r=-s_e_n;_;:;_,..:..' _N~o_t_a_r-=-y_P_u_b_l_i_c _______ _ DATE NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared, · Morey Rahimi personally known to me (~~d::k>mtec~U~-'Ult:tieJEDt1',~J:RCe) to be the person~) whose name(x) is/,il_x subscribed to the within instrument and acknowledged to me that he/~ie§Y executed the same in his/!ff~1r authon;wc capacity(itt), and that by his/h_i~~ignature(~ on the instrument the person~). or the entity upon behalf of wh1cn the person~ acted, executed the instrument. WITNESS my hand and official seal. 9~✓~~ (SEAL) OTARY PUBUCSlG ATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT ______________________ _ ~ .TE OF DOCUMENT ___________ _ NUMBER OF PAGES _________ _ SIGNER(S) OTHER THAN NAMED ABOVE _____________________ _ -CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ST ATE OF CALIFORNIA COUNTY OF ___ s_A_N_D_I_E_G_o __ _ On July 8 , 1996 before me, Jo Ann Caspersen, Notary Puhl ic DATE ______ N..;_A_M;;;....E.=Tl""'TL"'-E=OF=.:O=F=FIC""-E._R....,·E=.G""'-.,""•~...,AN..._,E,_O_O..__E, .... NOw.T .. AR.._Y....,P-UB_L_IC-" ---- Moe 3ehesht1 rersonally appeared, --===~=-=------------------------ /'"""',:1c-,onaily known to me (of~?o~,§~~islof"S~s-1~~~~1:J to be the person(s) whose name(s) is/are Jbscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized .apacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the /~rson(s) acted, executed the instrument. vVITNESS my hand and official seal. Qa,~~ NOTARY PUBLIC SIGNATURE (SEAL) OPTIONAL INFORMATION flTLE OR TYPE OF DOCUMENT __________________________ _ UATE OF C00CUMENT ___________ _ NUMBER OF PAGES _ _..:.__....._ _____ _ SIGNER/Sl OTHE~ THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE.ACKNOWLEDGMENT •· State of CALIFORNIA /County of SAN DIEGO } On 6-17-96 before me, JOHN G. MALONEY, NOTARY PUBLIC DATE _ NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" personally appeared_B_B'f_._EN __ MALON_·· __ EY ________________ _ NAME(S) OF SIGNER($) ~ personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed • JOHNG.MALONEY ,.,,,,.-...__ ~ C0MM.#1046738 l . NOT.. 'ARY PU.BLIC-CALIFORNIA i ' SAN DIEGO COUNTY . ij MY COMMISSIO}J!:j ~. FEBRUARY6,1999 -~ .. vvoocoo-~ c,•eieevv:·Q~eC00011eef the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. No. 5193 -OPTIONAL SECTION -• CAPACITY CLAIMED BY SIGNER Though Slatute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the. document. 0 INDIVIDUAL [IlCORPORATE OFFICER{$) TITLE(S) [IlPARTNER(S) OlUMITED QGENERAL p ATTORNEY-IN-FACT 0 TRUSTEE($) C!)GUARDIAN/CONSERVATOR C!)OTHER: _____ _ SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) SIGNATURE OF NOTARY~ ---------------OPTIONAL SECTIOl-i=-------------------THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT __________________ _ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER($) OTHER THAN NAMED ABOVE _______________ _ POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 N~ 30 9640 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint *** JOHN G. MALONEY, HELEN MALONEY, MICHAEL W. THOMAS, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-ln-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of.suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA • By----='---Aha~-~~ Walter Crowell Secretary STATE OF CALIFORNIA ) )SS. COUNlY OF ORANGE ) DEVELOPERS INSURANCE COMPANY ATTEST By,-----=-Ak;,----=-'--· . ~~ ~~. - Walter Crowell Secretary On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature.~~~~. __ • 1_ CERTIFICATE 1····~············c~v~BRiNK······1 ..,a COMM.#1036712 0 ~ ... ,,; · NOTARY. ?USU. . '. C • C/1LIFORNIA.i)l 0 • ORANGE COUNTY "' l · .:: My eomm. exp. Aug. 21. 1998 j , ................................• -.. ~. ~ ID-310 RE\I. (2/96) •••••··ACttlltt&. •••·•••1•1:•at1••t==J•ti~a•••·••o•5r•••1••~•S•1.1•elml•G ·•••···•··•··•·•··••·•••••···••··•··•··•·••··••····••·····•·•·····••····••·•····•••··~~tc!·•••·•··•·•••·······••·•·•••••••··· D;:;~;;;';' ··••• PRODUCER Granger-Hanna Ins. Assoc./HRH 701 Kimberly Avenue, Ste. 200 .entia CA 92670 PhoneNo. 714-579-2929 INSURED Castello, Inc. 457 Corporate Dr. Escondido CA 92029 Fax No. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A COMPANY B COMPANY C COMPANY D COMPANIES AFFORDING COVERAGE 4-x1t1 Pacific Insurance Company • A .~.·~ ~ ..... / / >·< < > (: ===:-=:::===.-.·.·.·.·.·.·.·.-.·-•.-: =·--· .·.-.. _)i?f:=i::=::~:r:i:::::?::!:>>>r>:=::::::::::::::~: :::::::::::::::-:.: .. :: •.••.••..••. ·•·•·•·•·•··.·•·•· , ...... . co LTR A THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/VY) DATE (MM/DD/VY) GENERAL LIABILITY GENERAL P..GGREGATE s 2,000,000 -X COMMERCIAL GENERAL LIABILITY 210002868 10/25/95 10/25/96 PRODUCTS • COMP/OP AGG s 1,000,000 El :=i CLAIMS MADE m OCCUR PERSONAL & ADV INJURY s l,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE s 1,000,000 FIRE DAMAGE (Any one fire) s NOT COVERED - MED EXP (Any one person) s NOT COVERED AUTOMOBILE LIABILITY -COMBINED SINGLE LIMIT $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY -$ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY 11= (Per accident) $ NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY· EA.ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: --- EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE s 1,000,000 A ~ UMBRELLA FORM TJ0001446 10/25/95 10/25/96 AGGREGATE s 1,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I STATUTORY LIMITS • t EMPLOYERS' LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ Fl INCL DISEASE • POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS 30 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENTS. RE: MAGNOLIA AVENUE, VALLEY STREET AND PARK DRIVE SIDEWALKS, PROJECT NO. 3391-3. • CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 •APt>Fitf 2$~s•·(s/~JJ••••••••••· :··:•.• '· >>··•,:•:••·•·····// -fi•""--·1•ATll'\1'l •• ··••Cc,:,,,.::.<,<.•:• .. /, ::C:•==••>.i•=t.•\\:\fj/faf . ·::?::•./.:::::.:·· .. :·,:: ::: :::·:::.::·.: ·::.:-.::::: :· ::-::-:>:: :: :::,:::> .·.· .. ·.·: '.·.·.·.· -~-::::; ·."'"'.· -: < ::·:>:-·.:::::::::::::,:: :::::\:"-:>.:":::-::::·-:::::_:::::: '.?:::::::. :.:::::·:::.::::·:: :···: ;<:>::": CAR LS82 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EIIBEN.18R T8 MAIL .1Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, =-uu :::::e YP8H ,: ,s a:eMP ■ HU; liF€ e GEHM 9R n&PA&S&Nl=O:JIM&S AUT~ :EPRESEN~~ _,, fl . •·.·••···•····••···•·••·••·••··•• ... •·•••·•••••<··•· .. •·•••••·•••••FI{. {Tg?••~•·••·ffi{••••••f<•••••••••~••< •••·••·~AP6Rb¢<:>RPQAAf16N19~$} Castello, Inc. .OLICY NUMBER: 210002868 June 17, 1996 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS(FORMB) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD,CA 92008 SCHEDULE RE: MAGNOLIA AVENUE, VALLEY STREET AND PARK DRIVE SIEDWALKS PROJECT NO. 3391-3 I f no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of •your work" for that insured by or for you. Pacific Insurance Company • CG2D 101185 GRANGER-HANNA INSURANCE ASSOCIATES/HRH 701 KIMBERLY AVENUE, SUITE 200 PLACENTIA, CALIFORNIA 92806 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 ... • .~ ·.: ~, ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following paragraph is added to SC02 l/94, Special Broad Form Commercial General Liability Endorsement, 1. Additional Insureds -By Contract, Agreement or Permit: • c. Coverage provided by this policy to Additional Insured(s) shall be priµiary,insurance and any other insurance maintained by the Additional Insured(s) shall be excess· and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured(s) . SC05 l/94 • AGENCY Name & ddress INSUHW Name & Address STEVE GU I TROt-.1 619 489 7739 P.02 COMMERCIAL CERTIFICATE OF INSURANCE CALIFORNIA Issue Date (MM/DD!YY) f~ 7/18/96 · ~ J • ::$1'.EVE GUitRON INSURANCE AGENCY '2150 NORTH CEi1TRE CITY PKWY, STE D • ESCONDIDO, CA 92026 · (619) 480-9883 9') Ul~I. 03 AG!:NT 346 , CAsTELLO INC. • 457 COH.PURA'.rE DRIVE ,ESCONDIDO, CA 92029 This certificate is issued as a matter of information only and confers no rioht~ upon the certificate holder. This certifieate does not amend, extend or a.lt~r the coverage afforded by the policies shown below. COMPANIES PROVIDING COVERAGE: COMPANY l.ETIER A TRUCK INSURANCE EXCHANGE COMPANY WT(R COMPANY lETTtfl COMPANY B FARMERS INSURANCE EXCHANGE C MID-CENTURY INSURANCE COMPANY lElltll D ------------- COVERAGES GO, LTR. A THIS IS TO CERTIFY 'll-lAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED AOOVE FOR THE POLICY PERIOD INDICATED. N01WITHST ANOING ANY REQUIREMENT, TERIA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE N/-UHUl:Ll BY IHI: H.iUt:11:::; lll:SGRlB!:.D H!:REIN ts SUBJECT TO ALL THE TERMS, EXCLUSiOt~S AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW!~ MAY KAVE BEEN Rf:OUCtO BY PAID CLAIMS. TYPE OF INSURANCE GENERAL UA8lllY OWNERS, tANDlORDS I!. TENANTS MANUFACTUR£RS & CONTRACTORS OWNERS & CCNTRJ\C10RS PROT. CONW.CTUAL -INCIDENT.Al ONLY PRODUCT$ I COMPLETED OPE.RATIONS AUTOl91111.! UAIILITY POLICY NUMBER ALL OWNED COMMERCIAL AUTOS 6 0 0 7 7 5 6 8 () SCllEOULEO AUTO$ HIRED AUTOS WON-OWNED AUTOS f.i~RAGt LIA!:l!U ! Y UNBllilLA UABIUTY WGRKERS' COMPENSATIOI IUII ~Nl'UJYERS'UAIIIUTT 19811 FORD FLATBED VINt/613 POUCY EFFECTIVE DATE (MM/DD.IYY) 7/18/96 POLICY EXl'IHAI ION DATE (MM!OOIYY) 7/18/97 7&k Jl"e,r>/4e.-/7 ev.1'7 I"' a/2 Mf...t.+i /,/e,e e~:e d P-01.ICY LIM!TS COM61!1EO $ Sl!'lGLE LIMIT tlt,IUiL V INJUHY $ (PER PERSON) !:IUUtl Y INJUK\' $ {PER ACCIDENT) PROPERTY $ DAMAGE PRODOCiS.COMPiOPS $ AOORE6ATE COMBlHtD SINGLE L!Mff $ 1,000,000 BOOIL ¥ INJURY (PER PERSON) $ BOO!l Y INJURY $ (PER ACCIDEN1) PROPERTY $ OA!#1.GE ..... ·-·---·--·-···--·- LIMIT $ STATUTORY EACH ACCID£NT $ Ol~ASE--EACH EMPLOYEE $ D!S£ASE-POUGY UMli $ CERTIFICATE HOLDER clNtittifiGN . CITY OF CAitLSB.AD Name & . 1200 CARLSBAD VILLAGE DRIVE . CARLSBAD, CA 92008-1989 ' .RJJ',: MAGlpJ.,JA AVEfilT:S _& VALLEY STREET 8HOULD A~'Y OFTHE ABOVE DESCRIBED POLICIES BE CAHCELLEO BEHlRt 1Hc l:XPIHAI ION l)AI ~ I Ht.KW!-, THE ISSUING COMPIINY Will EM)EAVOR TO MAIL 30 DA~S WRITTEN NOTICE TO T\-lf CERTIFICATE HOLOER NAMEO TO THE LEFT. BUT FAJUJflE TO MAIL SU lOTICE SHALL IMPOSE NO OBllGA.TlON OR UABiUW OF ANY K!\\O UPON THE COMPANY, ITS AGENTS EPREStMT "VlS . ~ SIDEW.I.\LK PROGRAl.'1 ~ CITY OF CARLSBAD, CONTRACT NO. 3w1.:39:.ul...::.:-:.i.3 ____ ~--------~--- Au1HOF11ZfD ffEPfltSENTATNE STEVE GUITRON 619 489 77:39 P.03 ' ,! 1Hts INOORSfMaNT CHAN<llS THC POLtCY. PLIA:Sr AIAO IT CAl:Ut,uLL Y. ,i ;, ,, I ADDmONAL INSURED ... OWNERS, LESSEES OR CONTRACTORS " (FORM 8) i{hi• ,ndGrl•m•nt modift•t ln&'1rtn¢1 p,v,ndttd v_nder th• blk,wlno: ft1 COMMERQAL AU!O UMHUTY COVER.AG! ,-AAT. NAMEO lNSURISO: CASTtt.1..0 l NC.,, • • ~ ,. : SCtlEOUU Nam. of fll..-..on or O,v.uttz.dofit , CIT~ OF CARLSBAD f 1200 CARLS&AO VILLAGE DRIVE I CARLSBAD, CA 92Q08wl9S9 ~ . ' ~If ,io •ntr, •PPll•rt aboY•. lnfDrmaUon N4ulNd to complel• thl• 1nek)(1•tn•"' wm t>-. shown fn tho o.,clana.,_};;;i itlOft• •• applicable to Ull1 • .,..,..,..,•tit.) ~l~,! WHO 18 AH INSURED (s.ttk,n fl) I• amended lo lnch,d• a■ an ln1u,-.d th• p,9fSOn Of org1nlratk:N1 ■!'>own ln th~'•· I""'•• bul ""!y wttlt _....,. lo ll•bllltt .,t■log ovt 9' .,.,.,, _,,,,."" lh•t In••••• lrt"' M ,..,.,, ! • ~ I I. i ~ ti l: I • I• i. 1i t 7-26-1996 11 :48AM FROM CASTELLO. INC. 619 747 8449 P.2 ~~STAI:; E '· : ::_ 'P.O. BOX 420807, SAN FRANCISCO, CA 94:142-0807 :-.~oMPE.tllSATlON · . . . ··· . ':-.'. ~-N.$0f:IANCE , ·: '-.,, ,,;. _ .. ·_'. __ ., · · FUN A. ,CE8T1FicAj15,.oF Ji(f ,~;,, {j in r : o'o:ci·t1 ~s ·. -:~)fhy/~;;;:;:¥j\ e~•~:;~:L-. ? 1-til~y~;.;~J~• t~i;x\{":;;::: . "•"'' -~MPt...OYE.fl'.$ . ~Jol~OllSt~tf.tt #2065. ·E.NTfTC~b {eJr·.£,tcAT{ tfQ:t,;'o·eR~f~::.e:0-r.1t! -tfFECrlVE .. u4/Cll:i'Ff Is<A!TAC.H-eti. to· Alic·•; fORMS ~-PA~:r.·.9.F "THi.S\?Okfc:y~· ..-~: :i(:: ' ·,•''°:\ :•,• I :;.:.:'.•~•, • (' . '•:.;:,; .(,,-.,:..:-.... :: .· :, · .. ·· '• :~•·-:.;ti-·· ·J• .·. ',n' , .... • ... t .. . · :.,-' - j,: I ,,. • ___ .,y· ·c~ . ,, . V 1¥1 %W/fuV::U:C-~1i ; EMERGENCY CONTACTS ii'!: RAHIMI, MOREY 457 CORPORATE DR ESCONDIDO, CA .ESHTI, MOE 457 CORPORATE DR ESCONDIDO, CA 92029 92029 CASTELLO, I NC. 457 CORPORATE DR ESCONDIDO, CA CITY OF CARLSBAD I ! i CORP. OFF 1 CER I~! ?1 619-747-6500!1 1 ~: !) I! CORP. OFF I CE If 'iJi 619-747-650 ol 92oz9 LICENSE RESTRICTION: NONE 1200 CARLSBAD VILLAGE DR., CARLSBAD, CA 92008 (619) 434-2882 ,__ ________________ _ BUSINESS. LICENSE ISSUEDTO:(BlJSJNESSPWNEf{): CASTELLO, INC. _457 ~ORPORATE DR NO. ESCONDIDO, CA 92029 619-747-6500 TO CONDUCT THE (BUSINESS CLASSIFICATION): GENERAL CONTRACTOR 15 SINESSAS (0BA;BUSINESS.NAME): ELLO, INC. ifE:C~.:AiT{Etl,J.SINESS• l-OC.ATIPN): titi,:t, · 457 CORPORATE DR ESCONDIDO, C 9eOe9 . ~---<~<·. .><;.;~ ·;;'~·'.. ~::.-·::···--' . :t=RqM., os/o 119s ·· Tof 01131 /96 NOT TRANSFERABLE-POST IN A CONSPICUOUS PLACE j, ''· LICENSE MUST BE POSTED ON BUSINESS PREMISES. NOTIFY BUSINESS LICENSE OFFrCE IF YOU CHANGE LOCATION OR CEASE OPERATION. -CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF 0~ /J -h1igo On &/1~/q{? roM'E before me, 0 ;:Jnri ~S/7~,Z:3et£J ~-AJo(!Cl/'sf. rUt~ NAME, TITLE OF OFFICE-fl'-E.G., "JANE DOE, NOTARY PUBLIC" 0erson-:1lly appeared, ----'---......,_--'---1-------'---"'----------------- oer ?,onally known to me (efi3fS'fflG~ffi€...oAl-tR'l:H3-i'¼S+€r-et~HSt!:l:SH~eltl.loei:1-G0) to be the person(~ whose name(.aj is/.ai:e s,.rnscrioed to the within instrument and acknowledged to me that hefsl'lefthey executed the same in his/hefAA.eir authorized capacity(~), and that by his/her/their signature(6) on the instrument the person~). or the entity upon behalf of which the person(1,) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT ---------------------------- U ATE OF DOCUMENT ___________ _ NUMBER OF PAGES ----------- .SIGNER/$) OTHER THAN NAMED ABOVE 42 • CllY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The following representation and certification should be completed, signed and returned to City of Carlsbad. REPRESENTATIONS: Mark all applicable blanks. This offerer represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: (Check appropriate Ethnic Ownership Type) Caucasian Black Hispanic Asian-Pacific Native-American Asian-Indian DEFINITIONS: Are you currently certified by CALTRANS? YES NO Certification #: ------------- CERT IF IC AT ION OF BUSINESS REPRESENTATION{$): Mark all applicable blanks. This offerer represents as a part of this offer that: This firm is __ , is not __ a minority business. This firm is __ , is not __ a woman-owned business. WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management. FIRM'S PRIMARY PRODUCTS OR SERVICE: • MINORITY BUSINESS ENTERPRISE: "Minority Busi- ness" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. CONSTRUCTION CONTRACTOR: The Small Business Administration defines the socially and economically disadvantaged {minorities) as Black CLASSIFICATION($): _________ _ American, Hispanic American, Native Americans Q.e. American Indian, Eskimos, Aleuts. and Native LICENSE NUMBER: Hawaiians), and Asian-Pacific Americans (i.e., U.S. ----------- Citizens whose origins are from Japan, China, the TAXPAYERS I.D. NO. __________ _ Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan}. CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. COMPANY NAME ADDRESS CITY, STATE AND ZIP TELEPHONE NUMBER • DATE <f/l7, 1/29/96 i. • • • OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION 43 This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is --------------------------hereinafter called ---------------------------"Contractor" and whose address ----------------------is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for _____________ _ in the amount of _________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the ______________ , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 1/29/96 • • • 44 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be" subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to Sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Address Title Name Signature Address 1/29/96 • • • 45 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Title Name Signature Address Title Name Signature Address Title Name Signature Address 1/29/96 • • • 46 RELEASE FORM THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS PAYMENTS. NAME OF CONTRACTOR: PROJECT DESCRIPTION: PERIOD WORK PERFORMED: RETENTION AMOUNT FOR THIS PERIOD: $ ------- DISPUTED WORK/CLAIMS DESCRIPTION OF DISPUTED WORK/CLAIM AMOUNT CLAIMED (OR ESTIMATE} Contractor further expressly waives and releases any claim Contractor may have, of whatever type or nature, for the period specified which is not shown as disputed work/claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress or undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public Works Contract. Contractor acknowledges full cognizance of the California False Claims Act Government Code Sections 12650-12655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32.028 implementing the California False Claims Act and certifies that all claims submitted to the City shall be subject to the provisions·of said codes and regulations. Contractor further certifies, warrants, and represents that all bills for labor, materials, and work due Subcontractors for the specified period will be paid according to Public Contract Code Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties signing below on behalf of Contractor have express authority to execute this release. DATED: _____ _ PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.} By: Title: By: Title: 1/29/96 • • • SPECIAL PROVISIONS I. MODIFICATIONS TO PART 1 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS To subsection 1-1, add the following A. Reference to Drawings: 47 Where words •shown, 11 "indicated," "detailed,• •noted,• "scheduled,• or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. · B. Directions: Where words "directed,• "designated," "selected,• or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word •required• and words of similar import shall be understood to mean •as required to properly complete the work as required and as approved by the City Engineer,• unless stated otherwise. C. Equals and Approvals: Where the words •equal,• •approved equal,• "equivalent,• and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer,• unless otherwise stated. Where the words •approved,• "approval,• "acceptance," or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word •perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. To subsection 1-2, make the following modifications: Agency c the City of Carlsbad, California Engineer -the City Engineer for the City of Carlsbad or his approved representative 1/29/96 di 48 Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the work. Said employees have their employment taxes, State disability insurance payments, State and Federal • income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 -Construction equipment that the Contractor owns or leases and uses to accomplish the work. Equipment that is owner operated is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of these contract documents. Owner Operator -Any person who operates equipment or tools used in completing the work and is not on the payroll of the Contractor. Supervisory Personnel -Any person within the Contractor's employ engaged in the work that has duties principally involving the direction, supervision, evaluation and selection of the Contractor's work force. Supervisory Personnel typically includes superintendents, assistant superintendents and foremen. SECTION 2 • SCOPE AND CONTROL OF THE WORK To subsection 2-3.1 add the following to the seventh paragraph: Except as specified in this subsection, the Contractor shall perform, with its own organization, contract work amounting to at least 50 percent of the contract price. Within the meaning of this section, contract work shall include all of the elements used to complete the construction of discrete portions of the work. A discrete portion of the work is a single bid item and all of the costs associated with the labor, equipment and materials used to construct or install the bid item. The individual components of labor, equipment or materials that are used to construct or • install a bid item are not severable .• For determining the percentage of work performed, the value of a bid item shall be the contract unit price extended by the quantity of units completed. The performance of the actual labor involved in the installation or construction of an Item is the principal indicator of what force the work is performed by. As an example, the individual cost of a material cannot be separated from the cost of the labor necessary to construct or install the material when computing the percentage of contract work performed by the Contractor's own forces. Add the following subsection: 2-3.3 Subcontractor Items of Work Where a bid item or any portion of a bid item of the work is subcontracted, the amount of the subcontract shall include all labor, materials and equipment required to complete the subcontracted bid item or portion of the item designated. Where only a portion of a bid item is subcontracted, the bidder shall stipulate in the bid documents what portion of the work required to complete the bid item is to be performed by subcontract and what portion the bidder proposes to perform. The value of material incorporated in any subcontracted bid item that is supplied by the Contractor shall not be included as any part of the portion of the work that the Contractor ls required to perform with its own forces. 1/29/96 1111 11111 lift MIWIII ·-- • • • • Add the following subsection: 2-3.4 Owner Operators 49 The bidder shall stipulate in the bid documents what portion of the work required to complete any bid item is to be performed by owner operated equipment. The value of work in excess of 0.5 percent of the Contract Price or $10,000, whichever is greater, completed by owner operated equipment shall not be included as any part of the portion of the work that the Contractor is required to perform with its own forces. Add the following subsection: 2-3.5 Penalties and Remedies Should the Contractor fail to adhere to the provisions of sections 2-3.3 or 2-3.4, the Agency may at its sole option elect to cancel the contract or to deduct an amount equal to 20% of the value of the work performed in contravention of said sections from payments that Would otherwise be due to the Contractor all in accordance with section 4110 of the California Public Contracts Code. To subsection 2-4, make the following modifications: Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. To subsection 2-4, delete paragraphs three and four and replace with the following: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the city during the course of this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 35 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The payment bond shall be released six months plus 35 days after recordation of the Notice of Completion if all claims have been paid. To subsection 2-4, add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1/29/96 Iii 1) 2) 50 An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter ci;\lendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. To subsection 2-5.1, add the following: The Construction Plans consist of six (6) sheets designated as City of Carlsbad Drawing No. 338-3. The standard drawings utilized for this project are the latest edition of the San Diego Area Regional Standard Drawings, as modified by the City of Carlsbad, hereinafter designated SDRS and issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Other specifications applicable to this project are Carlsbad Municipal Water District (CMWD) Rules and Regulations for Construction of Public Potable Water Mains and Carlsbad Municipal Water District (CMWD) Standard Sewer System Design Criteria and Standard Drawings and Specifications, March 1993. To subsection 2-5.3.2, add the following: Where installation of work is required in accordance with the product manufacturer's direction, the Contractor shall obtain and distribute the necessary copies of such instruction, including two (2) copies to the Agency .. To subsection 2-5.3.3, add the following: When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that he has reviewed, checked and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The following Contractor's certification shall appear on all submittals: "It is hereby certified that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval. Title: By: ________________ _ --------- Date: _________________ _ Company Name: _____________ _ 1/29/96 uw •1 wam1w111 wawmww • • • • • • Add the following subsection: 2-5.4 Record Drawings 51 The Contractor shall provide and keep at the project site an up-to-date set of •as-builtff drawings. The drawings shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. Delete subsection 2-9.1 and replace with the following: 2-9.1 Permanent Survey Markers The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction is completed. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. The Contractor shall not be entitled to any additional compensation for the work required by this subsection. To subsection 2-9.2 add the following: When property line and/or corner survey markers are replaced by the Contractor's licensed land surveyor, corner records and/or records of survey in conformance with Section 8700-8805 of the State of California Business and Professions Code shall be prepared and recorded by the licensed land surveyor. The preparation and recordation of said records is incidental to the work and no additional compensation will be made therefore. Delete subsection 2-9.3 and replace with the following: 2-9.3 Survey Service The Contractor shall hire and pay for the services of a land surveyor licensed in the State of California to perform all necessary construction staking. All construction staking on Valley Street shall be based on a centerline established in the field. An angle point at Sta. 16+ 71.06 and a point on line at Sta. 23+00 establishes said centerline. For construction on Magnolia Avenue, the Contractor shall use a centerline established by an existing point at the intersection of Magnolia Avenue and Highland Drive and an existing point at Magnolia Avenue and Adams Avenue. The grade sheets shall be considered a submittal and shall be processed per subsection 2-5.3 of the standard specifications . 1/29/96 ,, 52 Two (2) sets of grade sheets shall be provided to the Engineer prior to work commencing in a given area. One (1) set of field notes for all surveying work performed on this project shall be provided to the Engineer within ten (10) days of performing the survey. SECTION 3 • CHANGES IN WORK Delete subsection 3-3.2.3(a) and replace with the following: 3-3.2.3(a) Work by Contractor The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ..................... 20 2} Materials . . . . . . . . . . . . . . . . . . . 15 3) Equipment Renal . . . . . . . . . . . . . 15 4) Other Items and Expenditures . . . 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Delete subsection 3-3.2.3(b) and replace with the following: 3-3.2.3(b) Work by Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 • percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 • percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. To subsection 3-5, add the following: All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: Article 1.5 Resolution of Construction Claims 20104. {a){1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to . Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work• has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that •public work• does not include any work or improvement contracted for by the state or the Regents of the University of California. (2} "Claim" means a separate demand ·by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. 1/29/96 •• 11-1 11K ■ ■Wli -w - • • • • 53 (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991 . 20104.2 For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000}, the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3} The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars {$50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of. receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 91 0) of Part 3 of Division 3. 6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60. days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the 1/29/96 II 54 submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. • (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. {3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de nova .. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. • SECTION 4 -CONTROL OF MATERIALS Add the following subsection: 4-1.3.1 Inspection Requirements Contractor shall furnish Engineer with such information as may be necessary to keep him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Delete subsection 4-1.4, and replace with the following: 4-1.4 Test of Material Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or.exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractors. 1/29/96 WHilll IDW -JUlliW ww• • • • • 55 At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. After improper storage, handling or any other reason shall be rejected. Compaction and materials properties tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. SECTION 5 • UTILITIES To subsection 5-1, add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy of completeness of the utilities indicated on the Plans is not guaranteed. To subsection 5-4, add the following: All existing sewer laterals, water services and water meters shall be located and protected by the Contractor during construction. Those water meters and sewer cleanouts noted for relocation, and any sewer cleanouts or water meters shown or not shown on the plans that may be in conflict with sidewalk construction shall be relocated to right-of-way limits, and set to·grade horizontally and vertically, per the applicable standard drawing. The temporary or permanent relocation or alteration of utilities, including service connection, desired by the Contractor for its own convenience shall be the Contractor's own responsibility, and the Contractor shall make all arrangements regarding such work at no cost to the Agency. If delays occur due to utilities relocations which were not shown on the Plans, it will be solely the Engineer's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor at no additional cost to the Agency immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 -PROSECUTION, PROGRESS, ANO ACCEPTANCE OF THE WORK Add the following subsection: 6-2.1 Phasing of the Work Residential driveways less than 16' in width shall be formed on a Monday and poured before the end of the working day. The driveway shall be barricaded until the end of the working day the following Friday. The Contractor shall remove all barricades and perform the grading 1/29/96 56 necessary to make the driveway usable by a passenger vehicle before departing the site. Residential driveways greater than 16' in width shall be constructed in two phases maintaining vehicular access at all times. 6•7 TIME OF COMPLETION The Contractor shall begin work within fifteen (15) calendar days after receipt of the "Notice to Proceed" and shall diligently prosecute the work to completion within forty.five (45) working days after the date of the Notice to Proceed. To subsection 6-7.2, add the following: Hours of work• All work shall be performed between the hours of 7:00 a.m. and 4:00 p.m. The Contractor shall obtain the approval of the Engineer if it desires to work outside the hours stated herein. Contractor shall obtain the written approval of the Engineer for work on Saturdays, Sundays, and City holidays. This written permission must be obtained at least 24 hours prior to such work. To subsection 6-8, add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repairE?d or replaced by the Contractor, at his expense. Twenty.five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Notice of Completion will not be filed until work on the punch list is completed. · Add the following subsection: 6-8.1 Nonconforming Work The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. Delete subsection 6-9 and replace with the following: 6-9 Liquidated Oamages Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Therefore, if the completion date is not met, the Contractor will be assessed the sum of $250 per day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 1/29/96 • • • • • • SECTION 7 • RESPONSIBILITIES OF THE CONTRACTOR To subsection 7-3, add the following: 57 All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. To subsection 7-4, add the following: All insurance is to be placed with insurers that are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. To subsection 7-5, add the following: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. Before any connection or shut down of valves on existing CMWD lines, a permit shall be obtained from the CMWD office and must be signed and approved by District Engineer and District Superintendent. To subsection 7-6, add the following: The Contractor's representative shall attend bi-weekly construction meetings at the site at a time designated by the Engineer. To subsection 7-7, add the following: Utility poles, shown on the plans as being relocated by SDG&E, are scheduled to be relocated before the start of this contract. To subsection 7-8.1, add the following: If the Engineer determines that clean-up or dust control is required on the project, the Contractor shall provide it without regard to time of day, day of week, Contractor holiday, City holiday, or legal holiday. To subsection 7-8.5, add the following: The Contractor shall obtain a temporary water meter from the appropriate water authority to record the amount of water used for the construction of this project. The Contractor shall not draw water fron, any source that is not metered. The cost of the meter and water is incidental to the work and the Contractor shall not be entitled to any additional compensation for the meter rental/deposit or water . 1/29/96 Add the following subsection: 7-8.8 Noise Control 58 All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. To subsection 7-9, add the following: When an irrigation system within the right-of-way must be removed and its removal affects the operation of the remaining irrigation system, the Contractor shall install the necessary piping to make the remaining system operational. This work shall be completed within two (2) working days and at no additional cost to the Agency. Delete subsection 7-10.2 and replace with the following: 7-10.2 Storage of Equipment and Materials in Public Streets Material shall not be stored in public streets. Equipment may be parked in the lane temporarily closed to traffic. All equipment shall be removed from the site the day the project is completed. Delete subsection 7-10.3 and replace with the following: 7-10.3 Street Closures, Detours, Barricades The Contractor shall prepare and submit traffic control plans for this project to the Engineer for approval. No work shall begin until said plans are approved by the Engineer. Traffic control shall be in accordanc'e with Caltrans Manual of Traffic Control for Construction and Maintenance Work Zones 1990, and these special provisions. Should the Contractor fail to maintain the traffic control system in accordance with the traffic control plans, the Engineer may make the necessary corrections and deduct from the Contractor's progress payment the City's cost for so doing. Forty eight hours prior to the start of any construction in the public right-of.way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand-delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. 1/29/96 • • • • • • 59 For residences, the notification shall be pre--cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 14 point. The preparation, materials, printing and distribution of the notifications shall be considered incidental to the work and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. In addition to the 48-hour notice required by this subsection, the Contractor shall distribute a letter to all homes on Magnolia Avenue. This letter shall be distributed after the Contractor receives a purchase order from the City, but at least two weeks before the work begins. The letter shall state the Contractor's name and telephone number and give a general description of the work. The letter shall also state that each residence will be notified 48-hours in advance of exactly when the work will begin. The contract lump sum price paid for ''traffic control• shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the traffic control plans, and as specified in these special provisions. Progress payment for "traffic control* will be based on the percentage of the improvement work completed. To subsection 7-10.3, add the following: The Contractor shall prepare and submit traffic control plans for this project to the Engineer for approval. No work shall begin until said plans are approved by the Engineer . SECTION 8 -FACILITIES FOR AGENCY PERSONNEL Delete this section. SECTION 9 -MEASUREMENT AND PAYMENT To subsection 9-3.2, make the following modification: Delete the second sentence of the third paragraph having to do with reductions in amount of retention . 1/29/96 llliiil II. MODIFICATIONS TO PART 2 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 200 -ROCK MATERIALS Delete subsection 200-2.2 and replace with the following: 200-2.2 Crushed Aggregate Base 60 Aggregate base shall be Class II aggregate base conforming to Section 26-1.02A, Caltrans Standard Specifications, July 1992. SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS To subsection 201-1.2, add the following: The class of concrete to be used on this project shall be 560-C-3250. SECTION 203 -BITUMINOUS MATERIALS To subsection 203-6.1, add the following: Asphalt concrete shall be Class B-AR-4000 for base paving and Class . C2-AR-4000 for cap paving. · To subsection 203-6.8, add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. SECTION 206 -MISCELLANEOUS METAL ITEMS Add. the following subsection: 206-7 REFLECTIVE SHEETING ALUMINUM SIGNS 206-7.1 General. Materials, legend, proportion, size and fabrication of all signs used for the direction, warning and regulation of vehicle {including bicycle) and pedestrian traffic shall conform to the requirements of,. •SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993•, sheets one through five that accompany •SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993• of dimensions and details, dated April 1987 and , •OPAQUE COLOR CHART", dated February 1980 all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the, •SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993•, require the contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program orto allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials such rights shall be vested in the Engineer. 1/29/96 •• -• IIIIM MW . ...... • • • • • • 61 206-7.2 Sign Identification. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", as follows. Sign identification shall be as per "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993• except that the notation shall be, "PROPERTY OF THE CITY OF CARLSBAD". 206-7.3 Drawings. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993-, as follows. Standard signs shall be as per the most recently approved, "APPROVED SIGN SPECIFICATION SHEETS" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacturer of the sign(s) or the date of the "Notice to Proceed• of this contract whichever is the most recent. 206-7.4 Reflective Sheeting. Modify the , aSPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", as follows. All warning signs and all regulatory signs, excepting only those hereinafter listed shall be fabricated with type Ill encapsulated lens sheeting conforming to the requirements of this specification. All other signs included in this section and listed below shall be fabricated with type II encapsulated lens sheeting conforming to the requirements of this specification. Regulatory signs which shall be fabricated with type II encapsulated lens sheeting are: R5, R24 through, and including R32B, R47 through, and including RR53C, R62A through, and including R62D, R74 through, and including R96C and R99 through, and including R105A. 206-7.5 Substrate. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", as follows. All signs used for the direction, warning and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following subsection: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS 206-8.1 General. This section pertains to 10 gage and 12 gage cold rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold roll formed steel conforming to ASTM Designation A-446 Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold rolled steel perforated tubing shall be perforated on all four faces with7/16• holes on one inch centers. 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +.011, -.005 inch. Convexity and Concavity measured in the center of the flat side shall not exceed a tolerance of + .010 inch applied to the specific size determined at the corner. Straightness tolerance variation in straightness shall not exceed 1;1a• in 3 feet. Tolerance for comer radius is 5/32• ± 1/64•. Weld flash on corner welded square tubing shall permit 9/64• radius gage to be placed in the corner. Using 1 o gage (.135) or 12 gage (.105} square tube, consecutive size tubes shall telescope freely for ten feet. Tolerance on hole size is ± 1/64• on a size. Tolerance on hole spacing is ± 1/8" in 20 feet. In addition for the following specific sizes of light gage steel tubing dimensional tolerances shall not exceed those listed in the following tables . 1/29/96 Nominal Outside Dimension, Inches 1 X 1 1-1/4 X 1-1/4 1-1/2 X 1-1/2 1-3/4 X 1-3/4 2x2 2-3/16 X 2-3/16 2-1/4 X 2-1/4 2-1/2 X 2-1/2 2x3 TABLE 208-8.2 (A) Tolerance on Size Outside Tolerance for All Sides at Corners, Inch ±.005 ±,006 ±,006 ±,008 ±,008 ±.010 ±.010 ±,010 ±.010 TABLE 208-8.2(8) Squareness of Sides and Twist Nominal Outside Twist Permissible Dimension, Inches Squareness in 3 Ft., Inch+ 1 X 1 ±,006 .050 1-1/4 X 1-1/4 ±,007 .050 1-1/2 X 1-1/2 ±,009 .050 1-3/4 X 1-3/4 ±,010 .062 2 X 2 ±,012 .062 2-3/16 X 2-3/16 ±.014 .062 2-1/4 X 2-1/4 ±.014 .062 2-1/2 X 2-1/2 ±,015 .075 2 X 3 ±,018 .075 * tubing may have its sides failing to be 90"' to each other by the tolerance listed. 62 + Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. 206-8.3 FASTENERS. Fasteners used to assemble cold rolled steel perforated tubing shall be steel "pull-through• electrogalvanized rivets with 3/8" diameter shank, 7/8" diameter head and a grip range of from 0.200• to 0.356•. The fasteners shall conform to ASTM B-633, type Ill SCI. SECTION 210 -PAINT AND PROTECTIVE COATINGS Delete subsection 210-1.6. SECTION 212 • LANDSCAPE AND IRRIGATION MATERIAL Add the following subsection: 212-1.5.4 Root Barriers • • Root control barriers shall be a "bio barrier" manufactured by Aeemay, Inc., (800) 284-2780. No substitutes will be accepted. Contractor shall purchase 39" wide material and cut to 24". • 1/29/96 63 Ill. MODIFICATIONS TO PART 3 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION • SECTION 300 -EARTHWORK • • To subsection 300-1.1 add the following: All objects or material within the right-of-way that interferes or obstructs construction shall be removed whether or not such objects or material are designated on the plans to be removed. Delete subsection 300-1.3.1 and replace with the following: 300-1.3.1 General All removed materials shall be disposed of at a legally permitted dump or recycling site. All material shall be removed from the site the day it is cleared or removed. The Contractor shall not stockpile cleared or removed material or objects in the right-of-way. Delete subsection 300-1.3.2(a) and replace with the following: 300-1.3.2(a) Bituminous Pavement Bituminous pavement shall be removed to straight, sawcut lines. Where curb and gutter is to be removed, the abutting A.C. shall be sawcut a minimum of 4' from the lip of the gutter and also removed. The Contractor shall remove the curb and gutter, A. C. and base or sub-base to a depth of 1.08' below top of curb grade and compact the area to minimum 95% relative compaction before placing aggregate base. To subsection 300-1.4 add the following: Payment for sawcutting of A.C. paving shall be included in the contract unit price bid for A.C. removal. Payment for traffic control necessary for sawcutting and removals shall be included in the contract lump sum price bid for traffic control. Delete subsection 300-2.1 and replace with the following: 300-2.1 General Unclassified excavation shall consist of all excavation regardless of its location. The Contractor shall inspect the site report prior to submitting a bid. To subsection 300-2.6 add the following: Payment for disposal of surplus material shall be included in the lump sum price bid for unclassified excavation. Delete subsection 300-2.8 and replace with the following: 300-2.8 Measurement No measurement will be made of unclassified excavation. To subsection 300-2.9 delete the first sentence and replace with the following: Payment for all unclassified excavation shall be included in the lump sum price bid for unclassified excavation. 1/29/96 64 To subsection 300-4.2, add the following: Areas to receive fill, except areas covered under subsection 301-1.3, including areas over-excavated as directed by the engineer, shall be scarified to a depth of 6 to 8 inches, • brought to near optimum moisture conditions and compacted to a minimum of 90% relative compaction. Payment for this work shall be included in the lump sum price bid for unclassified excavation. Delete subsection 300-4.9 and replace with the· following: 300-4.9 Measurement and Payment The lump sum price bid for unclassified excavation shall include full compensation for all grading, shaping, compacting or consolidation, or other work that is required under this subsection. No payment will be made for any unclassified fill. Delete subsection 300-5.4 and replace with the following: 300-5.4 Measurement and Payment Payment for purchasing, hauling and placing import material shall be included in the lump sum price bid for unclassified excavation. 301 -TREATED SOIL, SUBGRAOE PREPARATION ANO PLACEMENT OF BASE MATERIALS Delete subsection 301-1.3 and replace with the following: 301-1.3 Relative Compaction In areas under curbs and gutters, base material or driveways, the top 12 inches of subgrade • shall be compacted to a minimum of 95% relative compaction. Delete subsection 301-1.7 and replace with the following: 301-1.7 Payment Payment for preparing subgrade shall be included in the contract lump sum price bid for unclassified excavation. Payment for adjusting access holes, cleanouts and valve boxes to grade shall be included in the contract unit price bid to construct said items. 302 -ASPHALT CONCRETE PAVEMENT To subsection 302-5.5, sixth paragraph, add the following: The spreading and finishing machine shall be equipped with an automatic screed control for surface course paving. When an automatic screed control is not utilized the paving machine shall be staffed with two full time screed operators. 1/29/96 • 65 303 • CONCRETE AND MASONRY CONSTRUCTION Delete subsection 303-5.5.1 and replace with the following: • 303-5.5.1 General • • Finishing shall be completed as specified herein for the type of work being performed. The concrete shall be finished true to grade and cross-section. Upon completion, all plane surfaces shall be free of any unevenness greater than 0.25 inch when checked with a 1 o foot straight edge. The 10 foot straight edge shall be furnished by the Contractor and shall be at the project site prior to commencing placing of the concrete. 306 • UNDERGROUND CONDUIT CONSTRUCTION Delete subsection 306-1.3.4 and replace with the following: 306-1.3.4 Compaction Requirements. Unless otherwise specified, all trench backfill shall be densified to a minimum of 90% relative compaction. To subsection 306-1.6 add the following to the second paragraph: Compensation for all thrust blocks shall be included in the unit price per linear foot of pipe . 1/29/96