HomeMy WebLinkAboutFCI Constructors; 2004-04-13; 3907 Part 1 of 4Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DGC# 2007-0271630
APR 20, 2007 4:00 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 1
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property
hereinafter described.
2. The full name of the undersigned is Carlsbad Municipal Water District (CMWD), 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 March
20, 2007.
6. The name of the contractor for such work of improvement is FCI Constructors, Inc.
7. The property on which the work of improvement was completed is in the City of
Carlsbad, County of San Diego, State of California, and is described as Rancho Santa
Fe Road North, Phase 2, Project Nos. 3907, 3887 and 3923.
CARLSBAD MUNICIPAL WATE iTRICT
GLENN PRUIM
Public Works Director
VERIFICATION OF SECRETARY
I, the undersigned, say:
I am the Secretary of the Carlsbad Water Municipal District, 1200 Carlsbad Village
Drive, Carlsbad, California, 92008. The Board of Directors of said District on April 17.
2007, 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 18 , 2007, at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DISTRICT
If
K&
RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DGC# 2007-0271629
APR 20, 2007 4:00 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES: 1
Space above this line for Recorder's use.
PARCEL NO: N/A
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
8.
The undersigned is owner of the interest or estate stated below in the property hereinafter described.
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work or improvement on the property hereinafter described was completed on March 20, 2007.
The name of the contractor for such work or improvement is FCI Constructors, Inc.
The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: Rancho Santa Fe Road North, Phase 2,
Project Nos. 3907, 3887 and 3923.
The street address of said property is in the City of Carlsbad.
CITY OF CARLSBAD
sonRobert T. Johi|
Acting City Englnee
,Jr.
r
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 April 17 , 20 07 . 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 18 2007 . at Carlsbad, California.
CITY OF CARLSBAD
c.te
City Clerk
& 001 -
Word\Masters\Forms\Notice of Completion (City)3/9/98
,_.-
CITY OF CARLSBAD
and
CARLSBAD MUNICIPAL
WATER DISTRICT
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
RANCHO SANTE FE ROAD NORTH, PHASE 2
CONTRACT NO. 3907
CMWD PROJECT NOS. 3887 & 3923
DBE PARTICIPATION
BOOK 1 OF 2
P WS04-08E NG
a 7/31/02 Contract No. 3907 Page 1 of 414
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e t9 7/31/02 Contract No. 3907 Page 2 of 414
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TABLE OF CONTENTS
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NOTICE INWING BIDS ............................................................................................................................... 8
CONTRACTOR'S PROPOSAL ..................................................................................................................... 12
SCHEDULE "A" STREET IMPROVEMENTS .................................................................................. 12
SCHEDULE "B' BRIDGE IMPROVEMENTS .................................................................................. 27
SCHEDULE "C" POTABLE WATER IMPROVEhENTS (VWD) ................................................... 28
Contractor shall provide adddeduct cost for Item D.22. which may be added or deducted from the
SCHEDULE "E" SEWER IMPROVEh4EN"S (VWD) ....................................................................... 35
SCHEDULE '3'' RECYCLED WATER IMPROVEMENTS (VWD) & (CMWD) ........................... 33
total of Bid Schedule "C" after the lowest responsible bidder has been determined ............... 35
DBE INFORMATION--GOOD FAITH EFFORTS ................................................................................. 48
BID SECURITY FORM .................................................................................................................................. 52
BIDDER'S BOND TO ACCOMPANY PROPOSAL, ................................................................................... 53
DBE GOAL FOR ROADWAY IMPROVEMENTS .................................................................................... 58
DBE GOAL FOR RECYCLED WATER IMPROVEMENTS .................................................................... 60
GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF
SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATORLESSOR
AND AMOUNT OF OWNER OPERATORLESSOR WORK" FORMS ................................................. 61
DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS . 63
DESIGNATION OF OWNER OPERATORLESSOR AND AMOUNT OF OWNER
OPERATOIULESSOR WORK ...................................................................................................................... 64
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILI'IY .............................................................. 65
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ......................................... 66
BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY. EMPLOYERS'
LIABILITY. AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION ................................ 67
BIDDER'S STATEMENT RE DEBARMENT ............................................................................................. 68
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD ............................................................................. 69
CONTRACT PUBLIC WORKS .................................................................................................................... 72
LABOR AND MATERIALS BOND .............................................................................................................. 78
FAITHFUL PERFORMANCEMARRANTY BOND ................................................................................. 80
OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ...... 82
STATE OF CALIFORNIA BOILERPLATES . See attached Sheets ......................................................... 89
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION ........................................................................................................................................... 90
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 71
PART 1 GENERAL PROVISIONS ............................................................................................................... 90
SECTION 1 . TERMS. DEFINITIONS ABBREVIATIONS AND SYMBOLS ........................................ 90
1-1 TERMS ........................................................................................................................................... 90
1-2 DEFIMTIONS ............................................................................................................................... 90
1-3 ABBREVIATIONS ....................................................................................................................... 91 SECTION 2 - SCOPE AND CONTROL OF THE WORK ......................................................................... 95
2-4 CONTRACT BONDS ................................................................................................................... 95
2-5 PLANS AM) SPECIFICATIONS ................................................................................................ 96 2-7 SUBSURFACE DATA ................................................................................................................ 101
2-9 SURVEYING .............................................................................................................................. 101
2- 10 AUTHONTY OF BOARD AND ENGINEER ......................................................................... 104
2- 12 NOTICES TO OWNERS AND AUTHORITIES ...................................................................... 105
SECTION 3 - CHANGES IN WORK .......................................................................................................... 106
3-2 CHANGES INITIATED BY THE AGENCY .............................................................................. 106
3-3 EXTRA WORK ............................................................................................................................ 106
3-4 CHANGED CONTXTIONS ......................................................................................................... 106
3-5 DISPUTED WORK ...................................................................................................................... 107
SECTION 4 - CONTROL OF MATERIALS ............................................................................................. 110
2-3 SUBCONTRACTS ........................................................................................................................ 95
7/31/02 Contract No . 3907 Page 3 of 414
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4-1 MATERIALS AND WORKMANSHIP ....................................................................................... 110
SECTION 5 . UTILITIES ............................................................................................................................. 112
5- 1 LOCATION ................................................................................................................................. 112 5-4 RELOCATION ............................................................................................................................ 112
5-6 COOPERATION ......................................................................................................................... 112
5-7 COORDINATION WITH VARIOUS WATER DISTRICTS ..................................................... 113 5-8 COORDINATION WITH UTILITIES ........................................................................................ 114
6-2 PROSECUTION OF WORK ....................................................................................................... 119 6-6 DELAYS AND EXTENSIONS OF TIME .................................................................................. 121
6-7 TIME OF COMPLETION ............................................................................................................ 121 6-8 COMPLETION AND ACCEPTANCE ........................................................................................ 121 6-9 LIQUIDATED DAMAGES ......................................................................................................... 122
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR .............................................................. 123 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES ............................................................... 123 7-3 LIABILITY INSURANCE .......................................................................................................... 123
SECTION 6 . PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK. ........................ 115
7-4 WORKERS' COMPENSATION INSURANCE ......................................................................... 124
7-5 PERMITS .................................................................................................................................... 124
7-6 THE CONTRACTORS REPRESENTATIVE ........................................................................... 125
7-7 COOPERATION AND COLLATERAL WORK ....................................................................... 125
7-8 PROJECT SITE MAINTENANCE ............................................................................................. 125
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ............................ 126 7-10 PUBLIC CONVENIENCE AND SAFETY ............................................................................... 126
7-13 LAWS TO BE OBSERVED ..................................................................................................... 132
7- 15 CONNECTIONS TO EXISTING FACILITIES ........................................................................ 133 7-16 FIELD TESTS. ADJUSTMENTS AND OPERATION ............................................................. 133 7- 17 PALEONTOLOGY ........................... :. ....................................................................................... 133
7-18 HAZARDOUS WASTE ............................................................................................................. 134
SECTION 9 . MEASUREMENT AND PAYMENT ................................................................................... 134
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK ............................................ 134 9-3 PAYMENT .................................................................................................................................. 134
SECTION 10 . FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS ......................................................................................................................................................................... 138
10-1.01 GENERAL ............................................................................................................................ 138 10-1.02 SUBCONTRACTOR AND DBE RECORDS ...................................................................... 138
10-1.03 PERFORMANCE OF DBE SUBCONTRACTORS AND SUPPLIERS .............................. 138 10-1.04 BUY AMERICA REQUIREMENTS .................................................................................... 139
10-1.05 AWARD AND EXECUTION OF CONTRACT .................................................................. 139 10-1.06 SUBCONTRACTING ........................................................................................................... 139
10-1.07 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS .......................................... 140 10-1.08 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS ..................... 140
FEDERAL REQUIREMENTS (CO-D)- SEE ATTACHED SHEETS ................................ 140
SECTION 11 . STATE REQUIREMENTS FOR STATE-AID CONSTRUCTION PROJECTS ......... 141
1 1-1.01 GENERAL ........................................................................................................................... 141
1 1 . 1.02 REGULATIONS AND GUIDANCE ................................................................................... 141
11-1.03 ASSURANCE INCORPORATED BY REFXRENCE ........................................................ 142
1 1 . 1.04 COVENANT AGAINST CONTINGENT FEES ................................................................. 142
11-1.05 CONTRACTING WITH SMALL AND MINORITY HIRES. AND WOMEN'S BUSINESS ENTERPRISE ....................................................................................................................... 142
1 1-1.06 NOTICE REGARDING BUY AMERICAN ACT ............................................................... 142
11-1.07 RESOLVING DISAGREEMENTS ..................................................................................... 143
11-1.08 LOBBYING RESTRICTIONS ............................................................................................ 143
11-1.09 ELECTRONIC FUNDS TRANSFER (EFT) ....................................................................... 143
11-1.10 INCREASING SEAT BELT USE IN THE UNITED STATES .......................................... 143 1 1-1.1 1 ENDROSEMENT OF COMMERCIAL PRODUCTS AND SERVICES ........................... 144
1 1 . 1.12 CERTIFICATIONS .............................................................................................................. 144
PART 2. CONSTRUCTION MATERIALS ................................................................................................ 145 a 7/31/02 Contract No . 3907 Page 4 of 414
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SECTION 200 . ROCK MATERIALS ........................................................................................................ 145
200-1 ROCK PRODUCTS ................................................................................................................. 145
200-2 UNTREATED BASE MATERIALS ....................................................................................... 146
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS ........................................... 147
201-1 PORTLAND CEMENT CONCRETE ..................................................................................... 147
SECTION 202 - MASONRY MATERIALS ................................................................................................ 148
SECTION 203 - BITUMINOUS MATERIALS .......................................................................................... 149
203-6 ASPHALT CONCRETE .......................................................................................................... 149
SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES ......................................... 150 204-1 LUMBER AND PLYWOOD .................................................................................................. 150
SECTION 205 - PILES .................................................................................................................................. 150
SECTION 206 - MISCELLANEOUS METAL ITEMS ............................................................................. 150
206-7 TRAFFIC SIGNS ..................................................................................................................... 150
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS ....................................................... 153
206-9 MATERIALS FOR ELECTRIC CONDUIT SUPPORTS ....................................................... 154
SECTION 207 - PIPE .................................................................................................................................... 155
207-2 REINFORCED CONCRETE PIPE .......................................................................................... 155
207-9 IRON PIPE AND FITTINGS .................................................................................................. 155
207-10 STEEL PIPE ........................................................................................................................... 156
207-1 1 CORRUGATED STEEL PIPE AND PIPE ARCHES .......................................................... 164
207-15 ABS SOLID WALL PIPE ..................................................................................................... 164
207-17 PVC PLASTIC PIPE ............................................................................................................. 164
207-25 UNDERGROUND UTILITY MARKING TAPE ................................................................. 165
207-26 PVC PRESSURE PIPE .......................................................................................................... 166
207-28 APPURTENANCES FOR PRESSURE PIPE ....................................................................... 167
207-29 CORROSION PROTECTION OF BURRIED METALLIC PIPELINES ............................. 170 207-30 MATERIALS FOR CORROSION PROTECTION OF BURRED METALLIC PIPELINES ............................................................................................................................................... 172
SECTION 208 - PIPE JOINT TYPES AND MATERIALS ....................................................................... 175
GASKETS FOR PRESSURE PIPE ....................................................................................... 175
SECTION 209 - ELECTRICAL COMPONENTS ..................................................................................... 176
SECTION 209 - SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS ............................................. 177
209-1 GENERAL .............................................................................................................................. 177 209-2 MATERIALS AND INSTALLATION ................................................................................... 180
209-3 CONTROLLER ASSEMBLIES ............................................................................................. 199
209-4 TRAFFIC SIGNAL FACES AND FITTINGS ....................................................................... 200 209-5 DETECTORS .......................................................................................................................... 215
209-6 LIG~G .............................................................................................................................. 225
209-7 REMOVING, REINSTALLING OR SALVAGING ELECTRICAL EQUIPMENT ............. 236 209-8 PAYMENT .............................................................................................................................. 236
SECTION 210 - PAINT AND PROTECTIVE COATINGS ...................................................................... 237
210-1 PAINT ...................................................................................................................................... 237
210-3 GALVANIZING ...................................................................................................................... 237
SECTION 211 - SOILS AND AGGREGATE TESTS ............................................................................... 238
2 1 1-2 COMPACTION TESTS ........................................................................................................... 238
SECTION 212 - LANDSCAPE AND IRRIGATION MATERLALS ........................................................ 238
212-1 LANDSCAPE MATERIALS ................................................................................................... 239
2 12-2 IRRIGATION SYSTEM MATERIALS .................................................................................. 242 2 12-3 ELECTRICAL MATERIALS .................................................................................................. 244
2124 EROSION CONTROL MATERIALS ..................................................................................... 245
SECTION 213 - ENGINEERING FABRICS .............................................................................................. 246
213-2 GEOTEXTILES ....................................................................................................................... 246
2 13-3 EROSION CONTROL SPECIALTIES ................................................................................... 246
SECTION 214 - PAVEMENT MARKERS ................................................................................................. 247
2 14-5 REFLECTIVE PAVEMENT MARKERS ............................................................................... 247
SECTION 215 - FENCING ........................................................................................................................... 247
215-1 ENVIRONMENTAL FENCING ............................................................................................. 248
208-7 BENDS, TEES, ADAPTERS, SADDLES, RESTRAINED JOINTS, AND FLANGE
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SECTION 217 . INSTRUMENTATION AND TELEMETRY RELATING TO RECYCLED WATER
IMPROVEMENT ONLY .............................................................................................................................. 248
217-1 GENERAL ............................................................................................................................... 248
2 17-2 SUBMITTALS ......................................................................................................................... 248
2 17-3 PRODUCT DELIVERY. STORAGE AND HANDLING ....................................................... 250
217-5 PRODUCTS ............................................................................................................................. 250
2 17-6 QUALITY ASSURANCE ....................................................................................................... 251
2 17-7 ACCEPTANCE TEST .............. ; .............................................................................................. 251
217-4 TELEMETRY POINTS ........................................................................................................... 250
PART 3. CONSTRUCTION METHODS ................................................................................................... 252
SECTION 300 . EARTHWORK ................................................................................................................. 252
300-1 CLEARING AND GRUBBING ............................................................................................... 252
300-2 UNCLASSIFIED EXCAVATION .......................................................................................... 255
300-3 STRUCTURE EXCAVATION AND BACKFILL ................................................................. 260
300-1 1 STONEWORK FOR EROSION CONTROL ....................................................................... 262 300-12 RIP RAP ENERGY DISSIPATOR ....................................................................................... 263
300-13 WATER POLLUTION CONTROL ...................................................................................... 264
300-4 UNCLASSIFIED FILL ........................................................................................................... 260
SECTION 301 . TREATED SOIL. SUBGRADE PREPARATION AND PLACEMENT OF BASE
MATERIALS ................................................................................................................................................. 271
301-1 SUBGRADE PREPARATION ............................................................................................... 271
SECTION 302 . ROADWAY SURFACING ............................................................................................... 271
302-5 ASPHALT CONCRETE PAVEMENT .................................................................................... 271
302-1 1 PLACE ASPHALT CONCRETE: MISCELLANEOUS AREA AND DIKE ....................... 272
302-12 POLICE RAMP ...................................................................................................................... 273
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION ...................................................... 273 303-1 CONCRETE STRUCTURES ................................................................................................... 273
303-3 PRESTRESSED CONCRETE CONSTRUCTION .................................................................. 291
303-4 MASONRY CONSTRUCTION .............................................................................................. 293
303-5 CONCRETE CURBS. WALKS. GUTTERS. CROSS GUTTERS, ALLEY INTERSECTIONS.
ACCESS RAMPS. AND DRIVEWAYS .............................................................................. 293
303-6 STAMPED CONCRETE ........................................................................................................ 294
303-12 CONCRETE THRUST BLOCKS ......................................................................................... 295
SECTION 304 - METAL FABRICATION AND CONSTRUCTION ...................................................... 295
SECTION 305 - PILE DRIVING AND TIMBER CONSTRUCTION ..................................................... 295 305-1 PILE D~G ....................................................................................................................... 296
SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION ........................................................ 300 306-1 OPEN TRENCH OPERATIONS ............................................................................................ 300
306-5 ABANDONMENT OF CONDUITS AND STRUCTURES .................................................... 306 306-10 PVC PRESSURE PIPE RELATING TO RECYCLED AND POTABLE WATER
IMPROVEMENTS ................................................................................................................ 306
306-1 1 APPURTENANCES FOR PRESSURE PIPE RELATING TO RECYCLED WATER
IMPROVEMENTS ONLY .................................................................................................... 307
306-12 DUCTILE IRON PRESSURE PIPE ...................................................................................... 324 306-13 STEEL PIPE .......................................................................................................................... 326
306-14 APPURTENANCES FOR POTABLE WATER MAINS ...................................................... 337 306-15 INSTALLATION OF CORROSION PROTECTION FACILITIES ON BURIED METALLIC
PIPELINES ............................................................................................................................ 338 306-16 TESTING AND INSPECTION OF CORROSION PROTECTION FACILITIES ON
BURIED METALLIC PIPELINES ....................................................................................... 341
SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS ......................................................... 344 307-3 STREET LIGHTING CONSTRUCTION ................................................................................ 344
307-4 TRAFFIC SIGNAL CONSTRUCTION .................................................................................. 344
307-9 GENEW ELECTRICAL PRODUCTS AND EXECUTION ............................................... 344
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION .................................................. 352 308-2 EARTHWORK AND TOPSOIL PLACEMENT .................................................................... 352
303-2 AIR-PLACED CONCRETE ................................................................................................... 290
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7/31/02 Contract No . 3907 Page 6 of 414
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308-4 PLANTING ............................................................................................................................. 353
308-5 IRRIGATION SYSTEM INSTALLATION ........................................................................... 357
308-6 MAINTENANCE AND PLANT ESTABLISHMENT ............................................................ 359
308-7 GUARANTEE .......................................................................................................................... 359
308-8 MEASUREMENT AND PAYMENT ...................................................................................... 362
308-9 6" PVC IRRIGATION SLEEVE ............................................................................................. 362
SECTION 309 - MONUMENTS .................................................................................................................. 362
309-1 DESCRIPTION ........................................................................................................................ 362
309-2 MATERIALS ........................................................................................................................... 363
SECTION 310 - PAINTING ......................................................................................................................... 363
3 10-5 PAINTING VARIOUS SURFACES ...................................................................................... 363
310-6 FINAL SIGNING .................................................................................................................... 364
310-7 PROJECT INFORMATION SIGNS ....................................................................................... 364
SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL .......................................... 365
312-1 PLACEMENT .......................................................................................................................... 365
SECTION 313 - TEMPORARY TRAFFIC CONTROL DEVICES ......................................................... 365
313-1 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKERS ................................. 365
313-2 TEMPORARY TRAFFIC SIGNMG ....................................................................................... 366
313-3 TEMPORARY RAILING (TYPE K) AND CRASH CUSHIONS .......................................... 366
313-4 TEMPORARY SIGNAL SYSTEM ......................................................................................... 368
313-5 TRAFFIC PLASTIC DRUMS ................................................................................................. 368
313-6 MEASUREMENT AND PAYMENT ...................................................................................... 369
313-7 PORTABLE CHANGEABLE MESSAGE SIGN ................................................................... 369
SECTION 314 - FENCE CONSTRUCTION .............................................................................................. 370
314-1 ENVIRONMENTAL FENCING ............................................................................................. 370
SECTION 315 - ELECTRICAL AND TELEMETRY FOR PRESSURE REDUCING STATION ...... 371
315-1 GENERAL ............................................................................................................................... 371
3 15-2 PRODUCTS ............................................................................................................................. 376
315-3 EXECUTION ........................................................................................................................... 381
3 15-4 TELEMETRY - INSTALLATION AND INSPECTION ........................................................ 386
SECTION 316 - EXISTING HIGHWAY FACILITIES ............................................................................ 388
316-1 BRIDGE REMOVAL ............................................................................................................... 388
SECTION 317 - ELECTRICAL FOR RECYCLED WATER METERING STATION ........................ 392 317-1 GENERAL ............................................................................................................................... 392
3 17-2 PRODUCTS ............................................................................................................................. 395
317-3 EXECUTION ........................................................................................................................... 397
SECTION 318 - INSTRUMENTATION AND CONTROLS FOR RECYCLED WATER METERING
STATION ....................................................................................................................................................... 402
318-1 GENERAL ............................................................................................................................... 402
3 18-2 PRODUCTS ............................................................................................................................. 405
3 18-3 EXECUTION ........................................................................................................................... 411
3094 PAYMENT ............................................................................................................................... 363
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a 7/31/02 Contract No . 3907 Page 7 of 414
- CITY OF CARLSBAD and CARLSBAD MUNICIPAL WATER DISTRICT, CALIFORNIA
NOTICE INVITING BIDS
Until 2:OO p.m. on January 6, 2004, the City shall accept sealed bids, clearly marked as such, at the
Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be
opened and read, for performing the work as follows: Project 3907, Rancho Santa Fe Road North,
Phase 2, will improve Rancho Santa Fe Road from approximately 900 feet south to approximately 1,000
feet north of the intersection of Rancho Santa Fe Road and Melrose Drive in the cities of Carlsbad and
San Marcos. The project will realign and widen approximately 3,900 feet of roadway and construct six
lanes of asphalt pavement and raised concrete curb medians with earthwork and drainage facilities
necessary to support the City‘s prime arterial standards. Two new bridges will be constructed over San
Marcos Creek. The project includes waterline, recycled waterline, sewer and related facilities construction
and relocation, as well as utilities to be relocated by others.
Rancho Santa Fe Road North, Phase 2
CONTRACT NO. 3907
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable
offer that shall remain valid and in full force for a period of 90 days and such additional time as may be
mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the City
Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work
include the Standard Specifications for Public Works Construction, 2003 Edition hereinafter designated
“SSPWC as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the
plans and specifications for full particulars and description of the work.
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The City of Carlsbad and Carlsbad Municipal Water District encourage the participation of minority and
women-owned businesses.
The City of Carlsbad and Carlsbad Municipal Water District encourage all bidders, suppliers,
manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available,
appropriate and approved by the Engineer.
The City of Carlsbad and Carlsbad Municipal Water District may disqualify a contractor or subcontractor
from participating in bidding when a contractor or subcontractor has been debarred by the City of
Carlsbad or another jurisdiction in the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing Department.
Each bid must be accompanied by security in a form and amount required by law. The bidder‘s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed
void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract
Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover
negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $1 00,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly executed
including notarization where indicated are:
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2.
3.
4.
5.
6.
7.
8.
9.
IO.
11.
12.
Contractor's Proposal
Bidder's Bond
Non-Collusion Affidavit
Designation of Subcontractors and Amount of Subcontractor Bid
Designation of Owner Operator/Lessors and Amount of Owner Operator/Lessor Work
Bidder's Statement of Financial Responsibility
Bidder's Statement of Technical Ability and Experience
Acknowledgement of Addendum@)
Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be
omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract.
Bidder' s Statement Re Debarment
Bidder's Disclosure Of Discipline Record
Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use
the Escrow Agreement for Security)
Pursuant to California Public Contracts Code section 41 04(a)(2)(A) portions of the information required
on documents numbers four and five, above, may be submitted by the Bidder up to twenty-four (24)
hours after the deadline for submitting bids contained in this "Notice Inviting Bids"
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
$1 4,200,000.
The lowest bid shall be the lowest bid price on the base contract without consideration of the price of the
additive or deductive item. The City of Carlsbad and the Carlsbad Municipal Water District reserves the
right to reduce the scope of work in this contract. Should the City and/or District chose to delete one or
more items from any of the bid schedules, the associated item price will be deducted from the
appropriate bid schedule and total project bid amount. The remaining amount shall then become the total
bid amount for all remaining portions of work and shall be the total contract amount awarded for the
project. The City of Carlsbad and Carlsbad Municipal Water District shall have sole discretion in selection
of which items from the bid schedule, if any, will be deleted from the total project amount.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor
pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected
by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the
failure of the bidder to be licensed in accordance with California law. Where federal funds are involved
the contractor shall be properly licensed at the time the contract is awarded. In all other cases the
contractor shall state their license number, expiration date and classification in the proposal, under
penalty of perjury. This invitation to bid does involve federal funds. The following classifications are
acceptable for this contract: Class 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, supplemental provisions, and Contract documents may be obtained at the Cashier's
Counter of the Faraday Center located at 1635 Faraday Ave, Carlsbad, CA 92008-7314 for a non-
refundable fee of $100.00 per set. If plans and specifications are to be mailed, the cost for postage
should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings and
specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or
-
- delivered to each person receiving a set of the contract documents. No oral response will be made to
such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of
any provision in the contract documents will be given by any agent, employee or contractor of the
City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any
agent, employee or contractor of the City of Carlsbad except as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or
informality in such bids.
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 mandatory pre-bid meeting and tour of the project site will be held at 1635 Faraday Avenue, Carlsbad, CA, Room 173B.
The mandatory pre-bid meeting is scheduled for December 4, 2003, at 2:OO P.M. This meeting is to inform DBEs of subcontracting and material supply opportunities. Bidder's attendance at this meeting will
be considered in determining the bidder's good faith effort to obtain DBE participation.
This project has a goal of four (4) percent disadvantaged business enterprise (DBE) participation.
This project is subject to the "Buy America" provisions of the surface transportation assistance act of 1982 as amended by the intermodal surface transportation efficiency act of 1991.
The City of Carlsbad hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work to be done have been determined by the Director of the California Department of Industrial Relations, These wages are set forth in the General Prevailing Wage Rates for this project, available at City of Carlsbad address and available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.qov. The Federal minimum wage rates for this project as
predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in the copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract'' books. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
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.
I
I
- All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. 3) A certificate from the County Clerk that certificate of authority is not surrendered, revoked, cancelled,
annulled or suspended. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specifications of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price.
The award of the contract by the City Council and the Board of Directors of the Carlsbad Municipal Water District is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad and the Board of Directors of the Carlsbad Municipal Water District, California, by City of Carlsbad Resolution No. 2003-289, and Carlsbad Municipal Water District, by their Reso,&tion No. 1193 adopted on the 4th day of November 2003.
rc
/- .- * November 13,2003
- City of Carlsbad
December 12,2003
ADDENDUM NO. 1
RE: RANCHO SANTE FE ROAD NORTH, PHASE’2, CONTRACT NO. 3907
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
c
Buyer
KD:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
1635 Faraday Avenue Carlsbad, CA 92008-7314 *(?60) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us * Business License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
__ ._ - __ - - _I_ I___ - __I__ __ ~ __~. __ -
- City of Carlsbad
December 18,2003
ADDENDUM NO. 2
RE: RANCHO SANTA FE ROAD NORTH, PHASE 2 CONTRACT
NUMBERS 3907,3887 8t 3923
Please include the attached addendum in the Notice to BiddedRequest for
Bid package you have for this project.
Please note that the bid due date has changed. The bid due and
opening date is now January 15, 2004. The time due remains at
4:OO PM on this new date.
z_ This addendum-receipt acknowledged-must be attached to your bid when
it is submitted.
KEVIN DAVIS
Buyer
Attachments
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
e-
1635 Faraday Avenue * Carlsbad, CA 92008-731 4 - (760) 602-2430 * FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
- City of Carlsbad
January 5,2004
ADDENDUM NO. 3
RE: RANCHO SANTA FE ROAD NORTH, PHASE 2, CONTRACT NO. 3907
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
KEVIN DAVIS
Buyer
KD:dli
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
James J. Keep, Vice President
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
- City of Carlsbad
January 7,2004
ADDENDUM NO. 4
RE: RANCHO SANTA FE ROAD NORTH, PHASE 2, CONTRACT NO. 3907
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
5- WVIN DAVIS
Buyer
KD:dli
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 4
~~
1635 Faraday Avenue Carlsbad, CA 92008-731 4 - (760) 602-2430 FAX (760) 602-8553
www.ci.car1sbad.ca.us Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
January 12,2004
ADDENDUMNO. 5
RE: RANCHO SANTA FE ROAD NORTH, PHASE 2,
PROJECT NO.: 3907
Please include the attached addendum in the Notice’to BidderlRequest for Bids you
have for the above project.
Please note change in due date for the above-mentioned bid.
New date for bid openinn is:
January 22,2004
Time remains the same: 4:OO p.m.
This addendum--receipt acknowledged--must be included to your bid when your bid is
submitted.
KEVIN- DAVIS
Buyer
KD:dli
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 5
.--
James J. Keep, Vice President
1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-2430 FAX (760) 602-8553
www.ci.carlsbad.ca.us Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
_- City of Carlsbad
January 22,2004
ADDENDUM NO. 6
RE: RANCHO SANTA FE ROAD NORTH, PHASE 2, CONTRACT NO. 3907
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project. I
This addendum--receipt acknowledged--must be attached to your Request for Bid when
your bid is submitted.
Please direct any questions regarding this addendum to the Purchasing telephone line
listed below.
*_
KEVIN DAVIS
Buyer
KD:dli
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 6
..
,. .-
1635 Faraday Avenue - Carlsbad, CA 92008-731 4 - (760) 602-2430 - FAX (760) 602-8553
www.ci.carlsbad.ca.us - Business License (760) 602-2495 Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464
CITY OF CARLSBAD and
CARLSBAD MUNICIPAL WATER DISTRICT
CONTRACT NO. 3907 & CMWD PROJECT NO. 3887 & 3923
RANCHO SANTA FE ROAD NORTH, PHASE 2
CONTRACTOR’S PROPOSAL
City Council and Carlsbad Municipal Water District Board of Directors
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad. California 92008
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. 3907 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that heishe will take in full payment therefor the
following unit prices for each item complete, to wit:
SCHEDULE “A
STREET IMPROVEMENTS -
item No. Description
Approximate
Total Quantitv & Unit Unit Price -
A - 1 Mobilization and Preparatory Work 1 LS $!%~.Oo $ 580000.00 at lump sum amount not to exceed
$500,000 Fivt hundrAd ShouJand dol I&r s md no tt.nt 5 Dollars (Lump Sum)
A - 2 Construction Schedule (CPM) and updates at a lump sum amount not
to exceed $50.000
Ti fhn Chou sand doll& rs dnd+o PI/)? %5 Dollars (Lump Sum)
Dollars (Lump Sum)
,-
Contract 3907,3887 8,3923 Addendum No. 6 5
~- ~
Item No. Description
Approximate
Quantitv & Unit Unit Price - Total
A-4
A-5
A-6
A-7
A-8
A-9
(F)
A- 10
A- 11
Modify Project Information Signs 2 EA $b.bo $ f.2 00.00 5, hud rid olnllars pnt\ Wb
Dollars Each
Pothole Existing Utilities 20 EA $ ~.~ $ b?.m $08
lhrpt hur&d olol&s Cet9.k
Dollars Each
Environmental Fencing
'ihrse ddhrs Md m cm
Dollars per Lineal Foot
$ 18000.00
Clearing & Grubbing i LS $i 8Q~ooO.oO $ 8qp~.
Dollars (Lump Sum)
Unsuitable Material Removal 4,000 CY 8.00 $ 32,OOO.OO
no Nfb
Dollars per Cubic Yard
Unclassified Excavation 121,955 CY $13.00
iP-kfh &&us Gcnce no PQ Dollars p%c Yard -
Remove and Dispose of AC Pavement Ten dO\\dV5 WUA n~ cevlt 3
Dollars per Cubic Yard
Remove and Dispose of PCC Curb and Gutter
.I
Two d-olh5 prd YY) cult5
Dollars per Lineal Foot
,-
450 CY $ 10.00
Contract 3907,3887 & 3923 Addendum No. 6 6
~~
Item No. Description
A- 12
A- 13
A- 14
A- 15
(S)
A- 16
A- 17
A- 18
A- 19
Remove and Dispose of PCC
Sidewalk
dphr b~ltl YIO mt/ 5
Dollars per Square Foot
Approximate
Quantity & Unit Unit Price - Total
1,450 SF $ 1.00 $ 1.4S0.00
Crushed Aggregate Base 15,300 CY $ ?z.oo Thh-ho do(h rs no PdtS
bvh- &vaa ~dOllW5&&&(
Dollar; per Cubic Yard
Asphalt Concrete 13,310 TON $ 43.00
no e'mts Dollars per Ton
Cold Mill Existing Asphalt Pavement 18,970 SF $ I.00
(2" Max) d,d\av and no cevrts
Dollars per Square Foot
Place Asphalt Concrete Dike
%hdo\kM Gwd 110 CQmfs
DollarFper Lineal Foot
Place Asphalt Concrete
(Miscellaneous Area)
ddldr5 ma hO rRM(;s
Dollars per Square Foot
Street Survey Monument per SDRSD M-I 0
Five hun&td dohrs and fm mt5
8 EA $ 500.00
$ 4,250.00
$ I$,bW.OO
Dollars Each
Iron Pipe Street Survey Monument 1 EA $ %)100 $ 500,oO
Ui, hdra doh5 &Id m Cmk
Dollars Each
Contract 3907,3887 & 3923 Addendum No. 6 7
~~ ~
I
Item No.
A-20
A-21
A - 22
A - 23
A - 24
A-25
A - 26
A-27
. --
DescriDtion
Adjust Subgrade
TWMh cmt 5
Dollars per SF-IN
Approximate
Quantity & Unit Unit Price
500,000 SF-IN $ 0,20
Adjust Storm Drain Manhole/Storm 6 EA $ ~~*~
Drain Inlet to Grade
nink hndr~d ddb5 wid CeMts
Dollars Each
Construct Bulkhead (Storm Drain Man hole) Nne hdd ddh Y5 avd no cm
1 EA $q@.a
Dollars Each
Remove Bulkhead (Storm Drain I EA ~CO.W>
Man hole)
lht hud Ltd ddl&r5 and r?ocmb
Dollars Each
Fill RCP with Concrete Slurry (Storm
W5 ahAnoc@-b
Total -
$ (00,ooo*oD
$ 5,400400
$
$ b.00
Dollars per Cubic Yard
Construct Top of 5' Type 'B' Inlet 1 EA $?m.# $ 2m.00
~htNh&md f;ur hu&d do \hr+ W4 mct.nt5
Dollars Each
d
Type B and B (Mod) Inlet with L=5' 11 EA $4:m.oO $ 47;.3(io.oO
per SDRSD D-2
Wd-hwsanGIfhr-de huwArxvj&oWs mk no cMt5 Dollars Each
Type B-1, 8-2, and 8-2 (Mod) Inlet
with L=6' to 14' per SDRSD D-2
four $-hW&and nrn~ huhdrd dol\ars cM7d no Wt5
Dollars Each
Contract 3907,3887 & 3923 Addendum No. 6 8
- i Item No. Description
Approximate
Quantitv & Unit
A - 28 Type 6-1 and 8-2 Inlet with L=15' to 6 EA
31' per SDRSD D-2
Sw-fhmsand &,Y hundred do llar.s nn Clmt.5
Dollars Each
A-29 Type C-2 Inlet with L=26' to 31' per 2 EA
SDRSD D-3
Dollars Each
A - 30 Type 6-6 Clean Out per SDRSD D-IO 8 EA
Five khsa nd huv hurd rad 1 Dollars Each
A - 31 Type 6-5 Clean Out and Type B-5 6 EA
(Mod) Clean Out per SDRSD D-10
fiUQ )hW@kd do \\avs and no CQnb _-
Dollars Each
A - 32 Type F Catch Basin (Mod) per 1 EA
SDRSD D-7
Thrw Vnouwdhv hundd ddbr5
W& no oeu3 t5 Dollars Each
A - 33 Type A-4 Clean Out with CSP Riser 2 EA
per SDRSD D-9
~Chward ddlaK4Wltl m,c
Dollars Each
A - 34 Type A Curb Outlet per SDRSD D-25 2 EA
Tw huad h\la Y4 and ,not &
Dollars Each
A - 35 CSP Inlet Type B per SDRSD D-16 3 EA
with Pipe Collar per SDRSD D-62 and Concrete Apron
lhvM,+ housund hinLclldyldk Id ddb r5
Dollars Each a no Crnh
$5,40000 $ 43,209.00
$ 8,000.00
Contract 3907.3887 & 3923 Addendum No. 6 9
Item No. Description Approximate Quantity & Unit Unit Price - Total
.-
A - 36
A - 37
A - 38
A - 39
A-40
A-41
A-42
8" PVC Pressure Pipe (SDR-35) for 20 LF $ 70.00 $ 1.400.00
Storm Drain \lots nocm t5
Dollars per Lineal Foot
18" RCP Storm Drain (1 350-D) 240 LF $60.00 $ /4,400.00
Sih Udr50L.d n 0 mlt5
Dollars per Lineal Foot
18' RCP Storm Drain (1 350-D) [with 450 LF $70. 66 $ 350.00
watertight joints]
no c& 5
Dollars per Lineal Foot
18" RCP Storm Drain (2000-D) [with 65 LF $ /m.oo $ 7800.60 I
watertight joints] OhLhUNA~dsoILMtindo \hc, 0 Dollars per Lineal Foot
18" RCP Storm Drain (1350-D) [with 60 LF $ /b*oo $ v,&%.oo
watertight joints and 1.5" Minimum Cover] tu hwdrQd .f. rh &\ILL r.5 >
24' RCP Storm Drain (2000-D) [with 50 LF $ \~~.~ $ 7SOD.W
watertight joints] DKQ ktr&dff$ I d&rs id
RO eanr.5
Dollars per Lineal Foot
24" RCP Storm Drain (1350-D) [with 180 LF $ r40.00 $2 5.2w.00
Dollars per Lineal Foot
I
watertight joints]
Dollars per Lineal Foot
Contract 3907,3887 & 3923 Addendum No. 6 10
.-
Item No. Description
A-43
A-44
A - 45
A - 46
A - 47
14-48
A-49
30" RCP Storm Drain (1350-D) [with watertight joints]
hurdMthith dol hrs LU& i Dollars per Lineal Foot
Approximate
Quantitv & Unit Unit Price - Total
36" RCP Storm Drain (1350-D)
Dollars per Lineal Foot
36" RCP Storm Drain (I 350-D) [with watertight joints]
Dollars per Lineal Foot
48" RCP Storm Drain (1350-D) [with watertight joints and 1.5" Minimum
Cover]
OM hU&Jd &hdO I far5 1 Dollars per Lineal Foot
48 RCP Storm Drain (135043) cr?e hu&-d hh hlh r5 Wnocmti Dollars per Lineal Foot
54" RCP Storm Drain (1350-D) [with
1.5" Minimum Cover]
tM rd Sij6ffA (if) Ilavs wqi
Cm+S Dollars per Lineal Foot
54" RCP Storm Drain (1350-D) [with watertight joints] .I
no mts OM kndred uahh do Ilarc @I d
Dollars per Lineal Foot
50 LF $ I3000
85 LF $ m.00
$ Ipm.ocI
260 LF 3 f50.00
$ 52,500.00
$ 80,0m.00
Contract 3907,3887 8,3923 Addendum No. 6 11
,r-
item No. Description
Approximate
Total Quantity & Unit Unit Price -
A - 50 54" RCP Storm Drain (1350-D) [with 450 LF $ 200.06 $ ~0,oOor~
watertight joints and 1.5" Minimum
%erLunkUd Adkf 5 md PO
fit6 glars per Lineal Foot
A - 51 60" RCP Storm Drain (2000-D)
Two bdU d 4th b I(fLt-5 44 no CWt5 Dollars per Lineal Foot
A - 52 60" RCP Storm Drain (2000-D) [with
1.5" Minimum Cover] Two hhd fh ivh doulu-s d nmL4 Dollars per Lineal Foot
A - 53 66' RCP Storm Drain (2000-D) [with watertight Joints and 1.5" Minimum -
dWC -ents IIJ
Dollars per Lineal Foot
A - 54 84" RCP Storm Drain (2000-D) [with
1 .SI Minimum Cover]
-Thv,ldrrd -th\rh doI@us 3 Dollars per Lineal Foot
150 LF $ 330100 $ 49. 500.00
A - 55 18" Slotted CSP Drain 2680 LF $ 84.00 $ 22S.iZO.O~
Dollars per Lineal Foot
A - 56 Rip Rap Energy Dissipator 'A
hint -&Ww d-OklK5 cu?d n0 clu?b
Dollars Each
1 EA $ YW,QO $ ~;o~sOo .I
Contract 3907,3887 & 3923 Addendum No. 6 12
Item No. Description
Approximate
Quantitv - & Unit Unit Price - Total
A - 57
A-58
A - 59
A - 60
A-61
A - 62
A-63
A - 64
Rip Rap Energy Dissipator 'B' i EA $ 3,m-m $ 3,000.00 Tim thw Cud &/Iors &hd WCeMlfs
Dollars Each
h0 C&4'lt85 Dollars Each
Rip Rap Energy Dissipator 'D'
SWQh tL0u SCE-hd ace( (&.YS cud
rco cpx\ks Dollars Each
Rip Rap Energy Dissipator 'F' 1 EA $ ?,o~o.~ $ q,ax>.oo TWO thoha tc CLOlkb). 5 dhd- cm5 Dollars Each
24" Wing Headwall per SDRSD D-34
%.~-th~sahd &&s m& no pmtS
Dollars Each
36" Wing Headwall per SDRSD D-34 =ld Do cevts Dollars Each
48' Wing Headwall per SDRSD D-35
with Cable Railing F~vP~ j-hop(ppd ddltcrs 4
Dollars Each
..
Ppu, fi5
Contract 3907.3887 & 3923 Addendum No. 6 13
,.P -
Item No. DescriDtion
Approximate
Total Quantitv & Unit Unit Price
A - 65 60" Wing Headwall per SDRSD D-35 1 EA $ ~o~~-o~ $ Tom*oo
with Cable Railing
m Dollars Each
SMk tL.~Usw-Cc &I[Gcrs md
A - 66 84" Wing Headwall per SDRSD D-35 with Cable Railing
E[evak UhBbSo-d ddlctus d no colts Dollars Each
A - 67 Concrete Pipe Collar (36" Pipe) per Carlsbad Standard Drawing DS-5 with
L=l.5', T=lO"
Gidht k Lchb WA iaks @kd
WItGJ
Dollars Each
A - 68 36' Pipe Stub & Plug
f iOQ. hufidrui GMIO-G d
flu cbnts
Dollars Each
A - 69 18" to 36" Junction Structure No. 1
per Carlsbad Standard Drawing DS-7
Q~Q UZo~~~d 4i;up bd~d
&(drCd no Pam ts Dollars Each
A - 70 18' to 48" Junction Structure No. 1
per Carlsbad Standard Drawing DS-7
Dollars Each
A - 71 18" to 60' Junction Structure No..l-
per Carlsbad Standard Drawing DS-7
%lo tlm Whd ddbs d
Dollars Each hu Cents
2 EA $ 5W.00 $ I,ooo~00
$ I,l700.00
Contract 3907,3887 & 3923 Addendum No. 6 14
' "-
Item No. Description
Approximate
Quantity & Unit Unit Price - Total
A - 72
A - 73
A- 74
A - 75 -
A - 76
A- 77
A - 78
A - 79
-
18" to 66" Junction Structure No. 1 1 EA $3500.~ $ 3; 500.00
per Carlsbad Standard Drawing DS-7
e 4k ousad 5 iw hwdd \ius &vi Mo cm5 Dollars Each
84" Transition Structure No. 2 per
Carlsbad Standard Drawing DS-8
sat4 ddbs d A Dollars Each
Brow Ditch Type B per SDRSD D-75
Fim IlOyfS &h&no r et43
Dollars per Lineal Foot
Minor Drainage Channel per SDRSD
Ohe kkvldrmd hhh,,
Dollars per Lineal Foot
0-70
5
Major Drainage Channel per SDRSD
D-7 1 Dfvh&h($YPd &lIdVS & t Dollars per Lineal Foot
Median Gunite Ditch TiM& -fire9 ri&~-~ ud no C454-63 Dollars per Lineal Foot
4" - 6" PVC Irrigation Sleeve
SLuULMCeY1 .. t5
Dollars per Lineal Foot
2900 LF $ 15.00 $ 43.SW.00
6" Mountable Curb 110 LF $ 57.00 $ 5,720.00
Oh Ihrs dnc, Cmts
Dollars per Lineal Foot
Contract 3907,3887 81 3923 Addendum No. 6 15
-
item No. Description Approximate
Quantity & Unit Unit Price - Total
A-80
A-81
A - 82
A-83
c_
A - 84
A-85
A - 86
A - 87
8" Type B1 (Mod) Curb 5,160 LF $ 14.00 $ 72,2-40.00
Fmrkcvl dd(Ctr6 md mcent-5
Dollars per Lineal Foot
8" Type B2 Median Curb and Gutter
Der SDRSD G-6
&\h tS wd no Dollars pd Lineal Foot
Type G Curb and Gutter per SDRSD 7,705 LF $ /7.00 $ 130,985.00
G-2 sw&lu&h dOl(aV5 pno( KO mb
Dollars per Lineal Foot
Concrete Retaining Wall (No.1) 1 LS $ 2~.m.00 $ 29:Ooo.OO
WhAhinQhtAd dokr5 ad I40 pevl ts Dollars (Lump Sum)
Concrete Retaining Wall (No.2) 1 LS $ lro,uoo.uo $ I~0,8(50.00
OhQ hd. Qd RUl tL0tAm-d hbr5 L Dollars (Lump Sum)
Police Ramp 2 EA $ 2.0i;0.09 $ 4,000.00
TWO-U\O~Sd oco UdrS uhd. Pmt5 Dollars Each
PCC Driveway per SDRSD G-14A 2 EA $ ?,~oo*oo $ 5,800,00
(8" Thick) lm %ousGd bhRd
\&E a@ rocants . '. Dollars Each
PCC Driveway per SDRSD G-26 (8"
Contract 3907,3887 8,3923 Addendum No. 6 16
c
Item No. DescriDtion
Approximate
Quantity & Unit Unit Price
A - 88 PCC Driveway per Carlsbad Standard I
Drawing
GS-20 (8" Thick)
Dollars Each no cQ.vlt- ow WJd
A - 89 PCC Sidewalk (4" Thick) per SDRSD 23,150
G-7
T?WQe dd hrs ~OCW b
Dollars per Square Foot
A - 90 PCC Bus Turnout 4
€iA,kt-h bad UirUuMd s ad rv> cqxhs Dollars Each
A - 91 Stamped Concrete (4" Thick) 21,570
Fic/e dolhrs d no cwk
Dollars per Square Foot
A - 92 Stamped Concrete (6" Thick) 1,065
K&\\dYS no rwts
Dollars per Square Foot
A - 93 Crash Cushion Array 'B14' per 2
Caltrans Standard Drawing A81C
Tour tbu S& ad r\o CJ?XIb5
Dollars Each
A - 94 Metal Beam Guard Rail per Caltrans 695
Standard Drawing A77A
us cehts (S) TW-GWdnUa.
.I
Dollars per Lineal Foot
A - 95 MBGR Flare Type '3A per Caltrans 2
Standard Drawing A77D
(s) bk &hO - w
Dollars Each
LF 25.00
- Total
ti L,ioo.oO
$ b 390.00
$ 8,000.00
$ 173 1s. 00
Contract 3907,3887 8 3923 Addendum No. 6 17
Item No. DescriPtion
Approximate
Quantity & Unit Unit Price Total
A - 96 MBGR Flare Type 'SRT' per Caltrans 2 EA $ 2,700.01, $ 5,4t;o.00
Standard Drawing A77L
(SI 7uo hud WP hu&d dd ((L-6 (pa )lo cLw,tc;
Dollars Each
A - 97 MBGR Connection to Bridge Rail per Caltrans Standard Drawing A77J
(s) "kw Mrixido \tars mA J Dollars Each
A - 98 Curb Ramp Type A Mod
A - 99 Modify Traffic Signal System at
Rancho Santa Fe RoadlMelrose Drive
(SI -fh i ,L-Chy-fi- bm ob& US !i d omis ollars (Lump Sum)
A - 100 Traffic Signal System at Rancho 1 LS $108,cXjo.W $ f08.m.00
Santa Fe RoadlSan Elijo Road
&10.06 A - 101 Temporary Traffic Signal System at 1 LS $3s;;m*Oo $ 32
Rancho Santa Fe Roadllnterim San
Elijo Road (Detour 'A)
-Mile. huu kdlprs WL5 Dollars (Lump Sum)
A - 102 Street Lighting io EA 5:a;O.w $ 50,000.00
Contract 3907,3887 & 3923 Addendum No. 6 18
item No.
A- 103
(SI
A - 104
(S)
A- 105
(SI
A- 106
(S)
A- 107
(SI
A- 108
(S)
A- 109
(SI
A- 110
(SI
Description
Water Pollution Control
he hurd rid nimh +h M hllm aw;c no ~ht5
Dollars (Lump Sum)
Median Landscaping Complete in Place +u thouu doNaul, 04d. nod5 Dollars (Lump Sum)
Approximate - Total Quantity & Unit Unit Price
1 LS $140,ooo.~0 $ 14~,00~.00
Median Irrigation Complete in Place
Dollars (Lump Sum)
Slope Landscaping Complete in Place
Xad hltm d
Dollars (Lump Sum)
Slope Irrigation Complete in Place
ht, hUhbd OULd O(o\kLrs anA yv) C&t s
Dollars (Lump Sum)
120 Day Plant Establishment at lump
sum amount not to exceed $20,000
&WS& h[(o YS md a Dollars (Lump Sum)
1 LS $40,00~.00
Hydroseed Slopes (Disturbed Area 10 AC $ 2:m.m $ ?~o~-oo
Mix) Two tClousw bine hwllivecl s mi m CrnfAS. b Dollars per Acre
Dollars Each
Contract 3907,3887 8 3923 Addendum No. 6 19
Item No. Description
Approximate
Quantity & Unit Unit Price
A - 11 1 Final Traffic Striping (2-Coat) 40,050 LF $ 0.40
(S) FWhCW5
Dollars per Lineal Foot
A - 1 12 Pavement Marker (Reflective) 660 EA $3.50
Dollars Each
A - 1 13 Pavement Marking (Thermoplastic) 1,850 SF $ 3*00
(SI crhvoa. da \IOL/K wd no cmt5
Dollars per Square Foot
A - 114 Temporary Barricade 22 EA $ 70.00
Dollars Each
7,780 LF $ lo.@ A Temporary Railing (Type K)
(SI lm d.o\k & 0 ChtZ
Dollars per Lineal Foot
560 LF $ /o.m A - l6 Temporary Railing (Bridge Rail)
&k dol \WS Wd YIO coxlib
Dollars per Lineal Foot
142 EA $ 2~*~ A - Temporary Crash Cushion
(SI 7wo krd usd doll& YS Ahd.
no CeMt;h Dollars Each
60,000 LF $ 0.b *.
A - Temporary Traffic Striping
(SI h cmt%
Dollars per Lineal Foot
- $ 5;1oOo . 00
Contract 3907,3887 & 3923 Addendum No. 6 20
c
Item No.
A- 119
(SI
A- 120
(SI
A- 121
A-122
(SI
A- 123
A- 124
(SI
Description
Approximate
Quantity & Unit Unit Price Total
1,450 SF $ ?*m Temporary Pavement Marking Two dol lay4 wd KO Pmt5
$ 2,400.00
Dollars per Square Foot
Temporary Pavement Marker 720 EA $ 3.'' $ 2,wJ .oo
(Reflective) Thtae bh% wd MO Cwrk
Dollars Each
Portable Delineator Tww%E;~P oCOll~w5 wd centsJ Dollars Each
Construction Area Sign OU bn&zd Cilh dol \a uf., nc, cmtd ' Dollars Each
Portable Changeable Message Sign
Tmtholcsad fh [[at% Wd ko
ePnf;s Dollars Each
S = Specialty Item
F = Final Pay Quantity
Tgl amount of Fin worg for Schedule "A; siv
Total amount of ;id in numbers for Scheduli 'I;: $ b, 34.1 55 I .oO
.. IliOfi 6f%d'tbtMhd &PfL1-ohe ous@r [VC ~~dUd$t& c One d nu vc u&& 6~ J
Contract 3907,3887 & 3923 Addendum No. 6 21
.- SCHEDULE “B”
BRIDGE IMPROVEMENTS
Item No. Description
B-I
B-2
(S)
B-3
8-4
B-5
Approximate Quantitv & Unit Unit Price Total
Remove and Dispose of Existing
MtS Dollars (Lump Sum)
Rock Slope Protection (500 Lb)
Dollars (Lump Sum)
Construct Electrical Conduit Supports
Forh&ou wd dolbrs ad bui
Dollars (Lump Sum)
1 LS $ (Pz,r;oo.oo $ b2,000.00
1 LS !§ 4,m.ou $ 4q.0co.00
Contract 3907,3887 & 3923 Addendum No. 6 22
Item No. Description
c-1
c-2
c-3
c-5
SCHEDULE "C"
POTABLE WATER IMPROVEMENTS - VWD
Remove and Dispose of Existing Meadowlark Pressure Reducing Station Torh-~mtkousd b IIP-6
mdJtw ceva5 Dollars (Lump Sum)
Remove and Dispose of Existing La Costa Meadows Pressure Reducing
Station bh- XVQn ti+tor,tmrd &C[M
&hk3fK7 tmt 5
Dollars (Lump Sum)
Approximate
Quantity &Unit Unit Price
Install Fire Hydrant and Water Valve
per VWD Standard Drawing W-4
bur hous(hd do\h rc, ad MO
t ev\f5 Dollars Each
Relocate Fire Hydrant and Water Valve per VWD Standard Drawing W-4
FNQ i4Lowwd do\ (a us (& 00 fonts
Dollars Each
Abandon Existing Water Line in Place
and Fill with Sand Slurry and Capped
Ends hut&- id hums ahd no fld5 Dollars per Cubic Yard
12" DIP Class 250 with Restrained ',
Ad Wh h\(&
no pant 5
2rhm
Dollars per Lineal Foot
1 LS $ 47,OOO.OO $ 47,000.00
Contract 3907,3887 & 3923 Addendum No. 6 23
Approximate
Quantity & Unit Unit Price Item No. Description - Total
$ Ls(p9.00 C - 7 14" DIP Class 250 with Restrained
Joints
(S) n& dblCrxv s~w)@mt 6 (NP) ..
Dollars per Lineal Foot
Dollars per Lineal Foot
65 LF $ 80.00 $ 5,Zoo.O~ C - 9 8" DIP Class 250
,I
Dollars per Lineal Foot
100 LF $ 90.00 C - 10 12" CML&TW Steel Pipe
..
Dollars per Lineal Foot
945 LF $ 45.00
.,
Dollars per Lineal Foot
710 LF $ 50.00 $ 35,500.00 C - 12 14" DIP Class 250
dhrs CUI d h0 CPnt 5
Dollars per Lineal Foot
C - 13 16" Welded CML&TW Steel Pipe
Dollars per Lineal Foot ..
$ yl,~O.OO C - 14 16"elded Steel CML & Epoxy Coated Pipe (on bridge)
(SI 4InhAld.r Pdhh lhs d
(NP) r0C-pfit-s
Dollars per Lineal Foot
Contract 3907,3887 8,3923 Addendum No. 6 24
-
Item No. Description
Approximate
Quantity & Unit Unit Price - Total
C - 17 27" Welded Steel CML & Epoxy 360 LF $ 14o.oo $ Gg4oo.00
Coated Pipe (on bridge)
C - 18 16" Double Ball Seismic Expansion 2 EA $ q;m.m $ Ig,~~o
Joints
(S) )Iju+b Xkkd &O&tS akd k6 - (NP) cQnk4 Dollars Each
C - 19 24" Double Ball Seismic Expansion 2 EA $ /b,OOO.OO $ 32.tX10.00
(S) S;%*k*UW 2.
(NP) 0 tat.\
Joints for 27" Pipe
Dollars Each
C - 22 2" Water Service Connection with 1 EA $ /;soo.Oo $ i,sOv*oo
2-112" Female Weld with Dielectric Bushing (meter included)
(s) wpUf,h&Qd L
(W dOlbrs od r;O wts -
Dollars Each
Contract 3907,3887 8 3923 Addendum No. 6 25
Item No. Description
Approximate
Quantitv & Unit Unit Price - Total
C - 25 Pressure Reducing Station 1 LS $375;ocO.c;0 $ 575,000.oc)
(S) Thwc t.\un ckdsm - p VL
(NP) *m & n 0 Cmb Dollars (Lump Sum)
C - 26 2" Automatic Air & Vacuum Valves
per VWD Standard Drawing W-3
(SI lWO+h.dC t bd. hdud do IIG r 5
(NP) no cents
I Dollars Each
C - 27 4' Automatic Air & Vacuum Valves
per VWD Standard Drawing W-24
(SI
(NP) CWtS fivp cGo~&(lb k5 &kd tu
Dollars Each
C - 28 2" Blow-Off Assembly per VWD
Standard Drawing W-I
(9 kuotc cad eihlct Ldrd
(NP) doh 5; ad Ko%eMt s Dollars Each
C - 29 4" Blow-Off Assembly per WD Standard Drawing W-23
(SI bb Cr (NP) !/luceMt., ..
Dollars Each
C - 30 2" Resilient Wedge Gate Valve per VWD Standard Drawing W-16
(SI Tivfl hW&d do\lar5 m-&i fl0 - (NP) e- Dollars Each
Contract 3907,3887 & 3923 Addendum No. 6 26
c Item No. Description
Approximate Quantity 8, Unit Unit Price
C - 31 12" Resilient Wedge Gate Valve per 5 EA
VWD Standard Drawing W-16
(SI Ti& bct~pd do\[orc clh~l no cents
(NP)
Dollars Each
C - 32 14" Resilient Wedge Gate Valve per 1 EA
VWD Standard Drawing W-16
(S) FivL thuud ~IWA md
(NP) noc4x)t5
Dollars Each
C - 33 16" Resilient Wedge Gate Valve per 3 EA
VWD Standard Drawing W-16
(SI
(NP) cents uad & Ilavs and w
Dollars Each
C - 34 20" Resilient Wedge Gate Valve per 4 EA
VWD Standard Drawing W-16
6 EA C - 35 24" Resilient Wedge Gate Valve per
VWD Standard Drawing W-16
(s) Fbwtaevr -h swd h - \tars
(NP) ac\d fin ppkrL<5 Dollars Each
C - 37 Backflow Preventor per VWD
Standard Drawing W-19
(S) Tu0 thad dollars Gutd
(NP) fi0Nn-t 5
Dollars Each
1 EA
$6,000.00
$ /o,om.oo
- Total
$ ~O,Oo0.00
$ ~,ooo.oo
Contract 3907,3887 & 3923 Addendum No. 6 27
,--
Item No. Description
Approximate
Quantity & Unit Unit Price - Total
C - 38 Connection Points to Existing Potable 12 EA $ 6,4eo,oo $ 76,900.00
Lines
(S) &Y.busd& or hd reol
(NP) bl\&r-s eclza hzu ('Wit 5
Dollars Each
S = Specialty Item
F = Final Pay Quantity
NP = Non-Participating for Federal Funding
SCHEDULE "D"
RECYCLED WATER IMPROVEMENTS - WD, CMWD
Approximate Item No. Description Quantity & Unit Unit Price - Total
30" CML&TW&C Steel Pipe 1445 LF $ 2m.m $ ~@z~.po TWhWd cb WSd
24" DIP Class 250 1700 LF $ 80w $ 13b,boO.O0
Ei 4M.t\ d.o\brvs ud IW cents
Dollars per Lineal Foot
Dollars per Lineal Foot
24" DIP Class 250 with Restrained
Joints
h k~id sigh dDIraxs w ol
no cents Dollars per Lineal Foot
Contract 3907,3887 & 3923 Addendum NO. 6 28
- Item No. Description
Approximate
Quantitv 8 Unit Unit Price - Total
D - 4 24" DIP Epoxy Coated with Restrained 380 LF $ ~~*o() $ 57.m.00
Joints
(9 &-I& hr&dg&A I do llUSCW&
(NP) nom "
D - 5 16" CML&TW&C Steel Pipe 90 LF $ k@.m $ IhL,~.OO
Dollars per Lineal Foot
(SI oh huMd~c( hr
(NP) u10 @&&A Dollars per Lineal Foot
D - 6 32" X 1/4" Steel Casing 85 LF $ 1w-o' $ 10.200.0~
(SI Ohehu&uttwmhi/Ao Clms
(NP) (IldYDpe Dollars per Lineal Foot
D - 7 24" Double Ball Seismic Expansion
Joint
(S) F&&tC?wdsczw;(do IW5 &
(NP) &mL5 Dollars Each
CIP Cradle for Recycled Water
-
D - 8
(S)
(NP) Dollars Each
D - 9 2" Air-Vacuum Valve Assembly Per
CMWD Standard Drawing No. W-7
(SI k .ChoLnSavld dol laks mi
(NP) bo CW5 Dollars Each
D - 10 4" Automatic Air and Vacuum Valve
Per WD Standard Drawing No. W-24
(S) hm tkmw b h\bs ahd
(NP) I\o (!om
Dollars Each ..
Contract 3907,3887 & 3923 Addendum No. 6 29
Approximate -
Total Item No. DescriDtion Quantity & Unit Unit Price - 7 5oo.ou
2" Blow-Off Assembly Per VWD 3 EA $ 2,m-m $ -&
Standard Drawing No. W-1
Dollars Each
Item Deleted
Dollars Each
D-15
D-16
4" Blow-Off Assembly Per CMWD
Standard Drawing No. W-11
Fi d
Dollars Each
24" Butterfly Valve
?roan tbo ud ti- &!mi 5
Dollars Each
Cutoff Wall per SDRSD S-9
30" Butterfly Valve per CMWD
Standard Drawing No. W-17
d
0 p.avlt5 Dollars Each
2" RCW and Meter Box Per CMWD Standard Drawing No. W-4
&lW 5 Dollars Each
Contract 3907.3887 & 3923 Addendum No. 6 30
Description Approximate
Quantity
Recycle Water Metering Station 1
Dollars (Lump Sum)
& Unit
LS
Abandon Existing Recycled Water
Line in Place and Fill with Sand Slurry and Capped Ends
hlbs phd n6 cec.f.j
Dollars per Cubic Yard
Connection Point to Existing Recycled Line
Dollars Each
315 CY $ Z0.m $ b,3W.oo
Cathodic Protection 1 SeVevJeeM Sb\E.Ud &&k-sQJd t Dollars (Lump Sum)
PVC Casing (36” Diameter) 65
5 dnOcmt5
Dollars (Lump Sum)
12“ Resilient Wedge Gate Valve per
VWD Standard Drawing W-16
0$-5cotA6ocpc4 dol& r5 tw
LS
LF
Dollars Each
S = Specialty Item
F = Final Pay Quantity
NP = Non-Participating for Federal Funding. ’
Total amount of bid in numbers for Schedule “D”: $ I . 05 8; %5(3.00 J
Contract 3907,3887 & 3923 Addendum No. 6 31
D - 24 Add (Deduct) for furnishing 24" C905 Class
235 PVC PiDe in lieu of 24" Class 250 Ductile
2675 LF $ (2.001 $[< 350.00)
Dollars per Linear Foot
Contractor shall provide add/deduct cost for Item D-24, which may be added or deducted from the,total of
Bid Schedule "D" after the lowest responsible bidder has been determined.
SCHEDULE "E"
SEWER IMPROVEMENTS - VWD
Item No. Description
Approximate
Quantity 8, Unit Unit Price - Total
8 PVC C-900 Gravity Sewer 1425 LF $ 3600 $ 4.s7aoo
Thrh - Lve b llms and no rev, t6
Dollars per Lineal Foot
24" PVC C-905 Gravity Sewer Ow hundrad do [(brgard no
Dollars per Lineal Foot
24' DIP Class 250
Dollars per Lineal Foot
CIP Cradle for Sewer
'TWO b&d%ifh dothr6 ard no Comb Dollars Each
4' Sewer Manhole Per VWD Standard
Drawing S-1
-rhypeshm& t.hyPp hudx d
GAdmCms
Contract 3907,3887 8 3923 Addendum No. 6 32
rc
Approximate Quantity & Unit Unit Price Total
9 EA $47 $ 3T7-00 Item No. Description
5' Sewer Manhole Per VWD Standard Drawing S-I
hwfdnd 4huw hrd rad
m emL5 Dollars Each
wd no @mt3 Dollars Each
32" X 114" Steel Casing hw-drdtw~h dO\\crXS ah6 m Cf?* Dollars per Lineal Foot
No. 2 Concrete Encasement per WD
Standard Drawing No. S-11
lhxs cud YLofW5
Dollars per Lineal Foot
Concrete Sewer Encasement
\\a44 @fd no J Dollars per Lineal Foot
Remodel Existing Sewer MH
Dollars Each
Adjust Existing MH to Grade (Less
than 5')
DrUsh~mq~~ I3mch-d
\la3 md Po om t5 .% .1
Dollars Each
Adjust Existing MH to Grade (5'-10')
f~4-hwun ci &\\~IM WA CP/Mt5 Dollars Each
Contract 3907,3887 & 3923 Addendum No. 6 33
Approximate
Quantitv & Unit Unit Price Total + Item No. Description
E - 15 Adjust Existing MH to Grade (Over 2 EA s-7 $ ~.cmTO
(SI &thouQx&&) IbYS wl dno
10’)
(NP) cw5
Dollars Each
E - 16 Articulated Concrete Block
(S)
(NP)
1QQ d@W - nc,cm t-,
Dollars per Square Foot
S = Specialty Item
F = Final Pay Quantity
NP = Non-Participating for Federal Funding
OPENED, VrfiTNESSED AND RECORDED:
Total amount of bid in words for Schedule “E”: FOOU hwldrd Riah -u*aht t.h wmGC
- Total amount of bid in numbers for Schedule “E”: $ 488.335.0 0
Total amount of bid in words including Schedule “A”, Schedule “B”, Schedule “C”, Schedule “D”, and
Schedule “E”:
W\r\e4w\ mi \\\oQ scugn hw&ed h-bo.t\su~~Ah hLcnhtd d~ tn dok~vc W no
Total amount of bid in numbers including S hdule “A”, Schedule “B”, Schedule “C”, Schedule &&5
“D”, and Schedule “E”:
Award of contract will be based on the total amount of bid in numbers including Schedules “A, “B”,
“C”, “D”, and “E” without consideration of the price of the additive or deductive item. The City of
Carlsbad and the Carlsbad Municipal Water District reserves the right to reduce the scope of work in
any or all Bid Schedules. Should the City and/or District chose to delete one or more items from
Bid Schedules “A”, “B”, “C”, “D”, or “E”, the associated item price will be deducted from the
appropriate bid schedule and total project bid amount. The remaining amount shall then become the
total bid amount for all remaining portions of work and shall be the total contract amount awarded for
the project. The City of Carlsbad and Cailsbad Municipal Water District shall have sole discretion in
selection of which items from the Bid Schedules, if any, will be deleted from the total project amount.
Price(s) given above are firm for 90 days after date of bid opening.
Addendum (a) No@). 1~~4.5.6 hadhave been received and dare included in this
c proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will
Contract 3907,3887 & 3923 Addendum No. 6 34
not be responsible for any error or omission on the part of the Undersigned in preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the
second or third lowest bidder and the bid security of the lowest bidder may be forfeited.
-
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity of a contractor within the State of California, validly licensed under
license number 772589 , classification A which expires on
an affidavit.
December, 31, 2005 , and that this statement is true and correct and has the legal effect of
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 5 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 Section
101 64.
Contract 3907,3887 & 3923 Addendum No. 6 35
-~
License Detail Page 1 of 2
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 772589
DISCLAIMER
A license status check provides information taken from the CSLB license data base.
Before relying on this information, you should be aware of the following limitations:
CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is
subject to public complaint disclosure, a link for complaint disclosure will appear
belpw. Click on the link or button to obtain complaint apd/or legal action
information.
are disclosed.
the arbitration.
onto the Board's license data base.
I
Per B&P 7071.1 7, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered - -
Extract Date: 01/22/2004
* * * Business Information * * *
F C I CONSTRUCTORS INC
2585 BUSINESS PARK DRIVE
Business Phone Number: (760) 727-9767
VISTA, CA 92086-8831
Entity: Corporation Issue Date: 12/13/1999 Expire Date: 12/31/2005
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
ilclasslr Descrbt ion II ~ - ._.- - I I
(A~~GENERAL ENGINEERING CONTRACTOR^^
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 288873 in the
http://www2.cslb.ca.gov/CSLB~LIBRARY/License+Detail.asp 1/22/2004
License Detail Page 2 of 2
,-
,-
amount of $7,500 with the bonding company
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
Effective Date: 10/30/2002
Contractor's Bondina History
BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying
Individual number 23004795 for THOMAS J RADEMACHER in the amount of $7,500
with the bonding company
LIBERTY MUTUAL INSURANCE COMPANY.
Effective Date: 11/03/1999
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
Policy Number: WC298849303 Effective Date: 06/01/2003 Expire Date: 06/01/2004 ZURICH AMERICAN INSURANCE COMPANY (4581 -5)
Workers Compensation History
Personnel listed on this license (current or disassociated) are listed on other
licenses.
~~ Personnel List Other Licenses
__.______ License Number Request Contractor Name Request
Salesperson Request Salesperson Name Request
~. Personnel Name Request
8 2003 State of California. Conditions of Use Privacv Policy
1/22/2004
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
A
The bidder FCI Constructors. Inc. , proposed
subcontractor , hereby certifies that he
has , has not , participated in a previous contract or subcontract subject to the equal
opportunity clauses, as required by Executive Orders 10925, 11 114, or 11246, and that, where required,
he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract
Compliance, a Federal Government contracting or administering agency, or the former President's
committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the
Secretary of Labor (41 CFR 60-1.7(b) (l)), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their
implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period or such other period specified by the
Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
7/31/02 Contract No. 3907 Page 39 of 414
PUBLIC CONTRACT CODE
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby
declares under penalty of perjury under the laws of the State of California that the bidder has - , has
not xbeen convicted within the preceding three years of any offenses referred to in that section,
including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or
Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works
contract, as defined in Public Contract Code Section 11 01, with any public entity, as defined in Public
Contract Code Section 1100, including the Regents of the University of California or the Trustees of the
California State University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as referred to in
Section 10285.1.
Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.
The above Statement is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement. Bidders are cautioned that making a
false certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of
perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in
the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a
federal, state, or local government project because of a violation of law or a safety regulation?
If the answer is yes, explain the circumstances in the following space.
@ 7/31/02 Page 40 of 414 Contract No. 3907
- .- PUBLIC CONTRACT CODE 10232 STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal court has been
issued against the Contractor within the immediately preceding two year period because of the
Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with
an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
7/31/02 Contract No. 3907 Page 41 of 414
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person --
associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility
by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal
agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and
dates of action.
7/31/02 Contract No. 3907 Page 42 of 414
N ON LOBBY IN G CE RTl FlCATl ON
FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$1 00,000 and that all such subrecipients shall certify and disclose accordingly.
Q 7/31/02 Contract No. 3907 Page 43 of 414
DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
Type of Federal Action: 2. Status of Federal Adon: 3. ReportType:
a. initial
b. material change a. contract a. bid/der/appIication 0 b. initial award c. post-award b. grant c. cooperative agreement
d. loan
e. loanguarantee Year - quarter f. loanlnsurance
Name and Address of Reportlng Entity
n
For Material Change Only:
date of last report
4. 5. If Repotting Entity In No. 4 Is Subawardee, Enter Name and Address of Prlme:
Prime 0 Subawardee
Tier , if known
Congressional Dlstrlct, if known Congresslonal District, if known
6. Federal DepartmentlAgency: 7. Federal Program NamalDescrlption:
CFDA Number, if applicable
8. Federal Action Number, if known: 9. Award Amount, if known:
10.
11.
12.
14.
15.
a. Name and Address of Lobby Entity (If individual, last name, first name, MI) b. lndivlduals Performlng Servlces (including
address if different from No. loa)
(last name, first name, MI)
(attach Continuation Sheet@) if necessary)
Amount of Payment (check all that apply)
s 0 Actual 0 planned
Form of Payment (check all that apply):
13. Type of Payment (check all that apply)
a. retainer
b. one-timefee
c. commission
d. contingent fee
e deferred i f. other, specify
a. cash
b. in-kind spectfy: nature
value E
Brief Description of Services Performed or to be performed and Date($) of Service, lncludlng officer(s), employee(s), or member(s) contacted, for Payment Indicated in item 11:
(attach Continuation Sheet(s) if necessary)
Contlnuatlon Sheet($) attached: yes 0 NO 0
16. Information requested through this form is authorized by Tile 31 U.S.C. Section 1352. This disclosure of lobbymg Signature:
reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than
$IO,OOO and not more than $lOO,OOO for each such failure.
Print Name:
Title:
Telephone No.: Date:
Authorized for Local Reproduction Standard Form - LLL Federal Use Only:
tandard Form LLL Rev. 09-12-97
@ 7/31/02 Contract No. 3907 Page 44 of 414
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing
pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management
and Budget for additional information.
I.
2.
3.
4.
5.
6.
7.
0.
9.
Identify the type of covered Federal action for which lobbying activity is and/or has been secured
to influence, the outcome of a covered Federal action. Identify the status of the covered Federal action.
Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the
change occurred. Enter the date of the last, previously submitted report by this reporting entity
for this covered Federal action. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that
designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are
not limited to subcontracts, subgrants and contract awards under grants. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name,
address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. Enter the name of the Federal agency making the award or loan commitment. Include at least
one organization level below agency name, if known. For example, Department of
Transportation, United States Coast Guard. Enter the Federal program name or description for the covered Federal action (item 1). If known,
enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative
agreements, loans and loan commitments. Enter the most appropriate Federal identifying number available for the Federal action
identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal
control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardnoan commitments for the prime entity identified in
item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the
reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if
different from 10 (a). Enter Last Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity
(item 4) to the lobbying entity (item IO). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the
cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution, specify the nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will
be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal
officer(s) or employee(s) contacted or the officer@) employee(s) or Member@) of Congress that were contacted.
@ 7/31/02 Contract No. 3907 Page 45 of 414
_.. 15. Check whether or not a continuation sheet(s) is attached.
16. The certifying official shall sign and date the form, print hidher name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per
response, including time for reviewing instruction, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction
Project (0348-0046), Washington, D.C. 20503.
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162,
10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the
California Administrative Code).
@ 7/31/02 Contract No. 3907 Page 46 of 414
LOCAL AGENCY BIDDER - DBE - INFORMATION
This information may be submitted with your bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder, it must be submitted and received as specified in the Special Provisions. Failure to submit the required DBE information will be qrounds for finding the DroDosal nonresmnsive.
C0.-RTE. K.P.: Rancho Santa Fe Road CONTRACT NO.: 3907
BID AMOUNT: $ BID OPENING DATE: BIDDER'S NAME:
FEDERAL-AID PROEJCT NO.: STPLF 5308 (007)
DBE GOAL F
CONTRACT ITEM NO.
3MCONTRACT 4%
ITEM OF WORK AND IESCRIPTION OR SERVICES TC BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED
DBE CERT. NO.
MPORTANT Identify all DBE firms being claimed for credit, agardless of tier. Copies of the DBE quotes are required. Names of he First Tier DBE Subcontractors and their respective item(s) of vork listed above shall be consistent, where applicable, with the lames and items of work in the "List of Subcontractors" submitted vlth your bid pursuant to the Subcontractors Listing Law and the ipecial Provisions.
I. DBE prime contractors shall enter their DBE certification number. DBE
)rime contractors shall indicate all work to be performed by DBEs indudin$
vork performed by its own forces.
!. If 100% of item is not to be performed or furnished by DBE, describe !xact portion of item to be performed or furnished by DBE.
1. See Section "Disadvantaged Business Enterprise," of the Special >revisions to determine the credit allowed for DBE firms.
NAME OF DBEs ' (Must be certified on the
date bids are opened -
include DBE address and phone number)
Total Claimed Participation
DOLLAR AMOUNT DBE '
%
Signature of Bidder
Date (Area Code) Tel. No.
Person to Contact
(Please Type or Print)
CT Bidder - DBE Information (Rev 02-07-01
@ 7/31/02 Contract No. 3907 Page 47 of 414
DBE INFORMATION-GOOD FAITH EFFORTS
Federalaid Project No. STPLF 5308 (00 7) Bid Opening Date
The City of Carlsbad established a Disadvantaged Business Enterprise (DBE) goal of information provided herein shows that adequate good faith efforts were made. for this project. The
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Date of Initial Follow Up Methods Solicited Solicitation and Dates
C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces)
into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.
Items of Work Breakdown of Items
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved):
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
7/31/02 Contract No. 3907 Page 48 of 414
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:
F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate.
*- G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting
and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists,
Internet page download, etc.).
Results Name of MethodlDate of AgencyIOrganization Contact
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary):
The Undersigned bidder hereby represents as follows:
1. That no City Council member, Carlsbad Municipal Water District Board of Directors 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,
the Carlsbad Municipal Water District Board of Directors, its officers, agents, or employees has inducted
hirn/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 Bond (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
7/31/02 Contract No. 3907 Page 49 of 414
L
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.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(I) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) ZipCode 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) ZipCode Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
(Title)
7/31/02
Impress Corporate Seal here
Page 50 of 414 Contract No. 3907
(3) Incorporated under the laws of the State of
(4) Place of Business 2585 Business Park Drive
(Street and Number)
City and State Vista, CA 92081-8831
(5) Zip Code 92081-8831 Telephone No. (760) 727-9767
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED
(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.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the
partner to execute this instrument.)
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:
Garrv Crabtree. CEO
c ---
-.
Thomas J. Rademacher, President 1 General Manager
John D. Nelson, Vice President
James J. Keep, Vice President
Paul C. Roberts, Vice President 1 Assistant Secretary
Paul R. Driscoll, Secretary / Treasurer
”-
7/31/02 Contract No. 3907 Page 51 of 414
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
} ss.
State of California
County of San Diego
On January 21 , 2004 before me, Julie A. Patlan, Notary Public,
Date Name and Tltle of Officer (e.g.. "Jane Doe, Notary Public")
personally appeared James J. Keep
Name@) of Signer(s)
apersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(@ whose name(@ is/=
subscribed to the within instrument and
acknowledged to me that he/SWRlE$ executed
the same in his/- authorized
capacity- and that by his/t%XRWQ
signature(3 on the instrument the person($ or
the entity upon behalf of which the person($$
acted, executed the instrument.
WITNESS my hand and official seal.
commlakn t 1441764
%A.W UAI
Signature of Notary Public
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Contractor's Proposal
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: James J. Keep
0 Individual
[IE Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: FCI Constructors Inc.
Vice President
0 1999 National Notary Association - 9350 De Sot0 Ave.. PO. Box 2402 - Chatsworth. CA 91313-2402 - www.nalionalnotary.org Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
_-
A
} SS.
State of California
County of Sari Dieno
On January 2 1, 2004 before me, Julie A. Patlan, Notary Public,
personally appeared
Date Name and Title of Onicer (e g “Jane Doe, Notaw Public”)
Paul c - Roberts
Name@) of Signer@)
IN personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name0 is/=
subscribed to the within instrument and
acknowledged to me that he&tlW%Q executed
the same in his- authorized
capacity-, and that by hislMbXHKir
signatureo on the instrument the person@), or
the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Contractor’s Proposal
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name: Paul C. Roberts
Top of thumb here 0 Individual
Corporate Officer - Ttle(s): Vice President/Assistant Secretary
0 Partner - 0 Limited ;I General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: FCI Constructors 9 Inc.
0 1999 National Notary Association * 9350 De Sot0 Ave , PO Box 2402 - Chatsworth, CA 91313-2402 - www nationalnotaIyorg Prod, No 5907 Reorder: Call Toll-Free 1-800-876-6827
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of its
legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish
the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the
stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check
shall also become the property of the City if the undersigned shall withdraw his or her bid within the
period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law,
and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages
shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of
the bid.)
@ 7/31/02 Contract No. 3907 Page 52 of 414
_. BIDDERS BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
KNOW ALL PERSONS BY THESE PRESENTS: Fidelity and Deposit
Company- of Maryland , as Principal, and as That we, Surety are held and firmly bound unto the City of Carlsbad, Calif mi , in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent 0: :ge * for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: Rancho Santa Fe Road North, Phase 2 Contract No. 3907
FCI Constructors, Inc.
* Total Amount of the Bid
in the City of Carlsbad, is accepted by the Ci Council, and if the Principal shall duly enter into and
of award of Contract by the Ci Council of the City of Carlsbad, being duly noti ed of said award, then
the amount s ecified herein shall be forfeited to the said City. In the event rincipal 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 21st day Executed by SURETY this 8th day of
PRINCIPAL: SURETY:
d execute a Contract including required bonds an t insurance policies within twenty 20) days from the date
this obligation shall become nu v I and void; otherwise, it shall be and remain in full force and effect, and 8 --
of January ,20 04 . January ,20*. -
Fidelity and Deposit Company of Mar-irlznd ructors, Inc. - -~ .-- (name of Surety) 801 North Brand Blvd., Penthouse Suite.
Glendale, CA 91203 (address of Surety) (print name here)
Vice President, FCI Constructors, Inc. (Title an$D,rq?nization of Signatory)
818-409-2800 --- (telephone number of Surety)
By:
Paul C. Roberts Jeri Apodaca, Attorney-in-Fact
(print name here) (printed name of Attomey-in-Fact)
-
’S, I
(Attach co orate of attorney7 resolution showing current power
.nc.
** % 7/31/02 Contract No. 3907 Page 53 of 414
I
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) - (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALL City Attorney / General Counsel
By:
7/31/02 Contract No. 3907 Page 54 of 414
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
On ~ January 21, 2004 beforeme, Julie A. Patlan, Notary Public,
personally appeared James J. Keep
Date Name and Title of Omcer (e g , "Jane Doe Notary Public')
Name@) of Signer@)
personally known to me
7 proved to me on the basis of satisfactory
evidence
to be the person&) whose name&) ism
subscribed to the within instrument and
acknowledged to me that heEKWJ4y executed
the same in his- authorized
capacitm, and that by himir
signature&) on the instrument the person&), or
the entity upon behalf of which the persow)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bidder's Bond to Accompany Proposal
Document Date: Number of Pages:
Signer@) Other Than Named Above: Jeri APodaca
Capacity(ies) Claimed by Signer
Signer's Name: James J. Keep
0 Individual U Corporate Officer -Title@):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
Vice President
0 Other:
0 1999 National Notary Association * 9350 De Sot0 Ave , PO. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No 5907 Reorder Call Toll-Free 1-800-876-6827
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
Countyof 1 ss. San Diego
On January 2 1 2004 before me, Julie A. Patlan, Notary Public,
personally appeared Paul C. Roberts
Date Name and Tfile of Otficer (e.g.. "Jane Doe, Notary Public")
Name@) of Signer@)
a personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name&) is/iiW
subscribed to the within instrument and
acknowledged to me that he/@@W@ executed
the same in his- authorized
capacity- and that by his/IWdW4r signature(Pq on the instrument the person(Pq, or
the entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal.
v hhb A Signature V#&fl-I of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bidder's Bond to Accompany Proposal
Document Date: Number of Pages:
Signer@) Other Than Named Above: Jeri Apodaca
Capacity(ies) Claimed by Signer
Signer's Name: Paul C. Roberts
0 Individual
Q Corporate Officer -Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Vice President/Assistant Secretary
Signer Is Representing: FCI Constructors, Inc. u
0 1999 National Notary Association * 9350 De Sot0 Ave PO Box 2402 * Chatsworth, CA91313-2402 * www natlonalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
No. 5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On January 8 2004 before me, Leigh McDonough, Notary Public
personally appeared Jeri Apodaca ,
personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon
\e person@) acted, executed the instrument.
DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER@)
0
[XI 0 0
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
LIMITED E GENERAL
PARTNER( S)
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park. CA 91309-71E
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Co
side hereof and are hereby certified to be in full force and effect on th
appoint Jeri APODACA, of Irvine, California, it
deliver, for, and on its behalf as surety, and as its ac
intents and purposes, a
its office in Baltimore,
APODACA, dated
set forth on the reverse
nate, constitute and
e, execute, seal and
nd the execution of
Ily and amply, to all
officers of the Company at
d on behalf of Jeri
t set forth on the reverse side hereof is a true copy of Article VI,
e said Vice-president and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April,
A.D. 2003.
IN WITNESS
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
md!!! By:
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland ss:
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025J
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Senior
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do hrther certify that the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
Thls Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
binding upon the Company with the same force and effect as though manually affixed.”
- hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
Assistant Secretary
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
Part-
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$-waived-. This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned
premium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004, 10% of direct earned
premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 90%. In the event the United States government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
1.
2.
3.
4.
to be an act of terrorism;
to be a violent act or an act that is dangerous to human life, property or infrastructure;
to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
-- These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
Company Profile Page 1 of 2
-
Company Profile In
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1400 AMERICAN LANE, 19TH FLOOR TOWER 1
SCHUAMBURG, IL 60196-1056
800-382-2150
Agent for Service of Process
ANDREW K. PLATI', C/O ZURICH NORTH AMERICA 801 N. 'BRAND BLVD., 13TH FLOOR
GLENDALE, CA 91203
Unable to Locate the Agent for Service of Process?
*-
Reference Information
NAIC #: 39306
California Company ID #: 2479-4
Date authorized in California:
Company Type: Property & Casualty
State of Domicile: MARYLAND
NAIC Group #: 0212
January 01,1982
License Status: UNLIMITED-NORMAL
.
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
CREDIT
FIRE
LIABILITY
MARINE
MISCELLANEOUS
http:Ncdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EI=62 ... 1/22/2004
Company Profile Page 2 of 2
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
Company Performance & Comuarison Data
Composite Comdaint Studies
Want More?
HelD Me Find a Company Representative in My Area
Financial Rating Organizations
Last Revised - January 06,2004 0533 PM Copyright 0 California Department of Insurance Disclaimer
http ://cdins www . insurance .ca. gov/pl s/wu~co~prof/idb~co~prof~utl. ge t_co_prof?p_EID=62.. . 1 /22/2004
A Section 1352, Title 31 , United States Code prohibits Federal funds from being expended by the recipient
or any lower tier subrecipient of a Federalaid contract to pay for any person for influencing or attempting
to influence a Federal agency or Congress in connection with the awarding of any Federalaid contract,
the making of any Federal grant or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this
Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a
completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal
agency is included in the Proposal. Standard Form - LLL, "Disclosure of Lobbying Activities," with
instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal
shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each
subcontract and any lower-tier contracts exceeding $1 00,000. All disclosure forms, but not certifications,
shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of
each calendar quarter in which there occurs any event that requires disclosure or that materially affects
the accuracy of the information contained in any disclosure form previously filed by the Contractor,
subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the
information reported includes:
(I) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal
(3) A change in the officer(s), employees(s), or Member@) contacted to influence or attempt to
influencing or attempting to influence a covered Federal action; or
action; or
influence a covered Federal Action. -
@ 7/31/02 Contract No. 3907 Page 55 of 414
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs."
The Regulations in their entirety are incorporated herein by this reference.
x.-
Bidders shall be fully informed respecting the requirements of the Regulations and the City's
Disadvantaged Business Enterprise (DBE) program developed pursuant to the Regulations; particular
attention is directed to the following matters:
A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small
Business Act and relevant regulations promulgated pursuant thereto;
B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or
subcontractor, vendor of material or supplies, or as a trucking company;
C. A DBE bidder, not bidding as a joint venture with a non-DBE, will be required to document one or
a combination of the following:
1. The bidder will meet the goal by erforming work with its own forces. 2. The bidder will meet the goal t R rough work performed by DBE subcontractors, suppliers or truckin companies. 3. The bi t der, prior to bidding, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work, or portions
thereof. Responsibility means actually performing, managing and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control,
management, risks and profits of the joint venture. The DBE joint venturer must submit the joint
venture agreement with the proposal or the DBE Information form required in the Section entitled
"Submission of DBE Information" of these special provisions;
E. A DBE must perform a commercially useful function, Le., must be responsible for the execution of
a distinct element of the work and must cany out its responsibility by actually performing,
managing and supervising the work;
F. DBEs must be certified by either the California Department of Transportation, or by a participating
agency which certifies in conformance with Title 49, Code of Federal Regulations, Part 26, as of
the date of bid opening. It is the Contractor's responsibility to verify that DBEs are certified.
Listings of certified DBEs are available from the following sources:
1. The Caltrans DBE Directory, which is published quarterly. This Directory may be obtained from
the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit,
1900 Royal Oaks Drive, Sacramento, California 9581 5, Telephone: (916) 445-3520;
2. The Caltrans Electronic Information Bulletin Board Service, which is accessible by modem and is
updated weekly. The Bulletin Board may be accessed by first contacting the Caltrans Business
Enterprise Program by telephone: (91 6) 227-8937 and obtaining a user identification and
password; 3. The Caltrans web site at http://www.dot.ca.gov/hq/bep/index.htm;
G. Credit for materials or supplies purchased from DBEs will be as follows:
1.
2.
If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the
materials or supplies will count toward the DBE goal. A DBE manufacturer is a firm that
operates or maintains a factory or establishment that produces, on the premises, the materials,
supplies, articles, or equipment required under the Contract and of the general character
described by the specifications.
If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and
7/31/02 Contract No. 3907 Page 56 of 414
_-
required under the Contract are bought, kept in stock, and regularly sold or leased to the public
in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph G.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-bycontract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph G.2.
3. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a
regular dealer will be limited to the entire amount of fees or commissions charged for assistance
in the procurement of the materials and supplies, or fees or transportation charges for the
delivery of materials or supplies required on a job site, provided the fees are reasonable and not
excessive as compared with fees charged for similar services.
H. Credit for DBE trucking companies will be as follows:
I. The DBE must be responsible for the management and supervision of the entire trucking
operation for which it is responsible on a particular Contract, and there cannot be a contrived
arrangement for the purpose of meeting the DBE goal;
2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck
used on the Contract; 3. The DBE receives credit for the total value of the transportation services it provides on the
Contract using trucks its owns, insures, and operates using drivers it employs;
4. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified
as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of
the transportation services the lessee DBE provides on the Contract;
5. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE
who leases trucks from a non-DBE is entitled to credit only for the fee or cornmission it receives
as a result of the lease arrangement. The DBE does not receive credit for the total value of the
transportation services provided by the lessee, since these services are not provided by a DBE;
6. For the purposes of this paragraph HI a lease must indicate that the DBE has exclusive use of
and control over the truck. This does not preclude the leased truck from working for others
during the term of the lease with the consent of the DBE, so long as the lease gives the DBE
absolute priority for use of the leased truck. Leased trucks must display the name and
identification number of the DBE.
I. Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of
this Contract and may result in termination of the Contract or other appropriate remedy for a
breach of this Contract:
J. Bidders are encouraged to use services offered by financial institutions owned and controlled by
DBEs.
7/31/02 Contract No. 3907 Page 57 of 414
DBE GOAL FOR ROADWAY IMPROVEMENTS
The City has established the following goal for Disadvantaged Business Enterprise (DBE) participation
for this project:
Disadvantaged Business Enterprise (DBE): 4 percent
Caltrans has engaged the services of a contractor to provide supportive services to contractors and
subcontractors to assist in obtaining DBE participation on federally funded construction projects. Bidders
and potential subcontractors should check the Caltrans website at http://www.dot.ca.aov/ha/bec, to verify
the current availability of this service.
SUBMISSION OF DBE INFORMATION
The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE
INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid, the
DBE Information form shall be removed from the documents prior to submitting the bid.
It is the bidder's responsibility to make enough work available to DBEs and to select those portions of the
work or material needs consistent with the available DBEs to meet the goal for DBE participation or to
provide information to establish that, prior to bidding, the bidder made adequate good faith efforts to do
so.
If DBE information is not submitted with the bid, the apparent successful bidder (low bidder), the second low
bidder and the third low bidder shall submit DBE information to the City of Carlsbad, Purchasing
Department, 1635 Faraday Avenue, Carlsbad, CA 92008, so the information is received by the City of
Carlsbad no later than 4:OO p.m. on the fourth day, not including Saturdays, Sundays and legal holidays,
following bid opening. DBE information sent by U.S. Postal Service certified mail with return receipt and
certificate of mailing and mailed on or before the third day, not including Saturdays, Sundays and legal
holidays, following bid opening will be accepted even if it is received after the fourth day following bid
opening. Failure to submit the required DBE information by the time specified will be grounds for finding the bid or proposal nonresponsive. Other bidders need not submit DBE information unless requested to do so
by the City of Carlsbad.
The bidder's DBE information shall establish that good faith efforts to meet the DBE goal have been
made. To establish good faith efforts, the bidder shall demonstrate that the goal will be met or that, prior
to bidding, adequate good faith efforts to meet the goal were made.
Bidders are cautioned that even though their submittal indicates they will meet the stated DBE goal, their
submittal should also include their adequate good faith efforts information along with their DBE goal
information to protect their eligibility for award of the Contract in the event the City, in its review, finds that
the goal has not been met.
The bidder's DBE information shall include the names, addresses and phone numbers of DBE firms that
will participate, with a complete description of work or supplies to be provided by each, the dollar value of
each DBE transaction, and a written confirmation from the DBE that it is participating in the Contract. A
copy of the DBE's quote will serve as written confirmation that the DBE is participating in the Contract.
When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description
of the exact portion of that work to be performed or furnished by that DBE shall be included in the DBE
information, including the planned location of that work. The work that a DBE prime contractor has
committed to performing with its own forces as well as the work that it has committed to be performed by
DBE subcontractors, suppliers and trucking companies will count toward the goal.
The information necessary to establish the bidder's adequate good faith efforts to meet the DBE goal
should include:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder. B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested. C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the Contract work items (including those items normally performed by the
G 7/31/02 Contract No. 3907 Page 58 of 414
bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to meet the DBE goal was made
available to DBE firms. D. The names, addresses and phone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder's choice. E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs. F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor
purchases or leases from the prime contractor or its affiliate. G. The names of agencies contacted to provide assistance in contacting, recruiting and using DBE
filll7S. H. Any additional data to support a demonstration of good faith efforts.
The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose proposal
complies with all the requirements prescribed and who has met the goal for DBE participation or has
demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. Meeting the goal for
DBE participation or demonstrating to the satisfaction of the City, adequate good faith efforts to do so is a
condition for being eligible for award of Contract.
7/31/02 Contract No. 3907 Page 59 of 414
DBE GOAL FOR RECYCLED WATER IMPROVEMENTS
The recycled Water Pipeline is being funded by the State Water Resources Control Board and the United
States Department of the Interior, Bureau of Reclamation. Because of Federal Funding the contractor
and subcontractors shall comply with the State Water Resources Control Board "Boilerplates" for all work
associated with the Recycled Water pipeline and appurtenances. These requirements are contained on
pages BP-1 through BP-28. Contractor is required to submit Attachment B, "Minority Business
Enterprise/ Women Business Enterprise Information with the bid. Positive effort documentation shall be
pursued under "Requirements" on page BP-7 through BP-9.
@ 7/31/02 Contract No. 3907 Page 60 of 414
GUIDE FOR COMPLETING THE "DESIGNATION OF
SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor" , "Contract
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in .section 1-2 of
the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are
further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these
Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the Bidder
proposes to perform. Bidders are cautioned that failure to provide complete and correct information may
result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50
percent of the work by subcontractors or owner operator/lessors or otherwise to be performed by forces
other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that
may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the
percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed
as a contractor by the State of California who the Bidder proposes to specially fabricate and install any
portion of the work or improvement according to detailed drawings contained in the plans and
specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids
or offers for the construction of streets and highways including bridges, in excess of one-half of one
percent (0.5%), or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of
business of subcontractor@) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms
must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These
forms 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.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage
of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner OperatodLessor
the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must
be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead &
Profit" or " Amount of Owner OperatorRessor Bid Item Including Owner Operator/Lessor's Overhead &
Profit " unless the dollar amount of all work performed by any Subcontractor or Owner OperatodLessor is
less than one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the
construction of streets and highways including bridges, in excess of one-half of one percent (0.5%), or
ten thousand dollars ($1 0,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's
#-
@ 7/31/02 Contract No. 3907 Page 61 of 414
overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner
OperatodLessor installs to compute the amount of work so installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans, shall
be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case may be,
that the Bidder proposes as installer of said materials. The value of material incorporated in any
Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or Owner
OperatorLessor installing said item.
-
The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item
No." column.
When a Subcontractor or Owner OperatorLessor 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 page number and total number of additional form pages shall be entered in the
location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operatorRessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner OperatorLessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder
proposes to perform no less than fifly percent (50%) of the work with its own forces.
Determination of the subcontract and Owner OperatodLessor amounts for purposes of award of the
contract shall be determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
-
Contractor is prohibited from performing any work on this project with a subcontractor that is ineligible to
perform work on a public works pursuant to labor code section 1777.1 or 1777.7.
@ 7/31/02 Contract No. 3907 Page 62 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of
than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior
approval of the Agency.
Full Company Name of Subcontractor: bd &A - cchc, J. V.
Subcontractor's Location of Business 5 37 0
-E.-
&+cat e Ma/ I
L 0 CA ma 2DU Street Address
* Subcontractor's Telephone Number including Area Code: ( 8%) Stat$42 - 7s Ogp - Subcontractor's California State Contractors License No. and Classification: 7WS5, Class fl
* Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS
I. %id Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may besubmitted by the Bidder up to 24 hours after the deadline for submitting bids
contained in the "Notice lnvitin Bids." - Page - 4 of 13 pages of this Subcontractor Designation form
a 7/31/02 Contract No. 3907 Page 63 of 414
f ',
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior
d
I approval of the Agency.
Full Company Name of Subcontractor: ya I& fh&t h& CU &FQ/U!m mt
Subcontractor's Location of Business 845d.u lr&ln&V p/a C e /
-,. fA 4W-l
Zip Subcontractor's Telephone Number including Area Code: ( 8%qSta!%r8 - woo
- * Subcontractor's California State Contractors License No. and Classification:
* Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS
Emlanation: Column 1 - Bid Item No. from the bid oromal. Daaes 12 throuah 37. inclusive. Column 2 - The dollar amount of the iiem to bi 'peaormed by tlie Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
* Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an
asterisk required on this document may besubmitted by the Bidder up to 24 hours after the deadline for submitting bids
contained in the "Notice lnvitin Bids."
I Page - 3 of 13 pages of this Subcontractor Designation form
7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. This form must be submitted as a part of the Biddet'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 subcontractor in preparing this bid
for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
i
B
Full Company Name of Subcontractor: tqL6 i~i lnc.
VI
Subcontractor's Location of Business 3b( b" K@arc?U I/il/G f2d .
I 0$Et Address PA qaia 3
Zip SS81 'Y~o- [/4 / * Subcontractor's Telephone Number including Area Code: f Subcontractor's California State Contractors License No. and Classification:
Subcontractor's Carlsbad Business License No.:
City
-
SUBCONTRACTOR'S BID ITEMS
ExDlanatlo n: Column 1 - Bid Item No. from the bid mmsal. Daaes 12 throuah 37. inclusive. Column 2 - The dollar amount of the iiem to be pe;formed by tEe Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may besubmitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." - Page b of /j pages of this Subcontractor Designation form
a 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. This form must be submitted as a part of the Biddets 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10.000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: k??&%fl OR/ LUN~
Subcontractor's Location of Business # m22YW &
-r G9 Street Address
City State
Subcontractor's Telephone Number including Area Code: f 1 - * Subcontractor's California State Contractors License No. and Classification:
Subcontractor's Carlsbad Business License No.:
-
ExDlanatlon: Column 1 - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may bsubmitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice lnvitin Bids."
-. Page of /3 pages of this Subcontractor Designation form
e 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior
approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor's Location of Business
i
ALL
-=J.
430 E. cqwd Awnu4
OynO CA 9/766 nu- Street Address
"82.q - g, BGP City * Subcontractor's Telephone Number including Area Code: ( 909
Subcontractor's California State Contractors License No. and Classification: 468r34.0 Cia 5 * Subcontractor's Carlsbad Business License No.:
I
I
SUBCONTRACTOR'S BID ITEMS
ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may besubmitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice lnviti Bids." - Page 9 of &J pages of this Subcontractor Designation form
@ 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in'the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: . ECTW c
Subcontractor's Location of Business 13 250 w\RY HAM NAY -, Street Address 92067 -* 'POWAY Cb
City State Zip - 2.5 2s * Subcontractor's Telephone Number including Area Code: [ 8s 6 1 5 13
Subcontractor's California State Contractors License No. and Classification:
Subcontractor's Carisbad Business License No.:
SUBCONTRACTOR'S BID ITEMS
mati0 n: Column 1 - Bid Item No. from the bid DroDosal. Daaes 12 throuah 37. inclusive. Column 2 - The dollar amount of the ii& to be 'peaormed by t6e Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may besubmitted by the Bidder up to 24 hours afler the deadline for submitting bids
contained in the "Notice Inviting Bids."--'- -
Page ? of /+ pages of this Subcontractor Designation form
7131102 Contract No. 3907 Page 63 of 414
2-
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. This form must be submitted as a part of the Blddeh sealed Md.
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 subcontractor in preparin this bid for the Work and that the listed subcontractor will be used to perform the portions of the bark 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior
Full Company Name of Subcontractor: 7^oN c- T)yKG
Subcontractor's Location of Business R 0 a 3
l
1 approval of the Agency.
-.* 41903 -*
Zip
c/6t Street Address ALPINE
City State * Subcontractor's Telephone Number including Area Code: ! 61 9 1 44s * Subcontractot's California State Contractors License No. and Classification:
* Subcontractor's Carlsbad Business License No.:
- 2270
-
SUBCONTRACTOR'S BID ITEMS
ExDlanation: Column 1 - Bid Item No. from the bid Drowsal. Daaes 12 throuah 37. inclusive. Column 2 - The dollar amount of the iiem to be peaormed by tfie Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may bsubmitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inv' in Bids."-=-'- -
Page ] d of / 3 pages of this Subcontractor Designation form -
e 7/31/02 Contract No. 3907 Page 63 of 414
,* .. .. .
f \
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907 RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparin this bid for the Work and that the listed subcontractor will be used to perform the portions of thehork 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever
is greater and that no changes in the subcontractors listed work will be made except upon the prior
Full Company Name of Subcontractor: G I LSEtXT AYA LA so/us I INC.
Subcontractor's Location of Business Pa 0. BOX I26Y
1
1 approval of the Agency.
-. -* Street Address SAN g&f2tV,4RD /PO CA '?24OZ - 739;' City State Subcontractor's Telephone Number including Area Code: [ 999 ) 8 6 8
+ Subcontractor's California State Contractors License No. and Classification: ' Subcontractor's Carlsbad Business License No.: -
SUBCONTRACTOR'S BID ITEMS
ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an
asterisk required on this document may besubmitted by the Bidder up to 24 hours afler the deadline for submitting bids contained in the "Notice lnviti Bids."--'- -
- Page ! of /3 pages of this Subcontractor Designation form
'3 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder MUST complete each information fleld on this form for each subcontractor that it proposes to
use. Additional copies of this form may be attached if required to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparin this bid for the Work and that the listed subcontractor will be used to perform the portions of thekork as designated in the list in accordance with applicable provisions of the speciflcatlons 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in'the subcontractors listed work will be made except upon the prior
1
1 approval of the Agency.
-.. . -* 92069 . Street Address
Zip SAN A4PtRC.W CA
City State Subcontractor's Telephone Number including Area Code: ( 760 1 7 3 7 - 7790
-- * Subcontractor's California State Contractors License No. and Classification:
Subcontractor's Carlsbad Business License No.:
SUBCONTRACTOR'S BID ITEMS
l&&natIon: Column 1 - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may besubmitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice lnvitin Bids."--'- -
- Page / % of / 3 pages of this Subcontractor Designation form
'3 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior
approval of the Agency.
--
. . ..
-
Full Company Name of Subcontractor: 1)M (N-iGh -sL(,&ns /Y))CYhk+ 6)2& I
Subcontractor's Location of Business $!I84 Sdh &&.
* Subcontractor's Telephone Nzber including Area Code: ( 5bZj 53
* Subcontractor's California State Contractors License No. and Classification: 27 37 0 C/a * Subcontractor's Carlsbad Business License No.:
OM EaLCL rp OB05 Street ddress
"p State - b / b fl C 50 -
I
SUBCONTRACTOR'S BID ITEMS
ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be Derformed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own fOrCeS. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be Submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." ~ -~
Page I of / 5 pages of this Subcontractor Designation form
@ 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior
B
1 approval of the Agency.
Full Company Name of Subcontractor: WrHKd F765L
\
*<
Subcontractor's Location of Business su! 7 #1,W~,BS .pk 4 Street Address S9d #4&05 C& 9ZOW
City State Zip ' Subcontractor's Telephone Number including Area Code: ( 1 I
* Subcontractor's California State Contractors License No. and Classification:
* Subcontractor's Carlsbad Business License No.:
-
i
SUBCONTRACTOR'S BID ITEMS
ExDlanation: Column I - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
* Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may besubmitted by the Bidder up to 24 hours after the deadline for submitting bids
contained in the "Notice lnvitin Bids."
- Page of pages of this Subcontractor Designation form
@ 7/31/02 Contract No. 3907 Page 63 of 414
f
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
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 to accommodate the Contractor's decision
to use more than one subcontractor. 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 subcontractor in preparing this bid for the Work and that the listed subcontractor 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: &de TZ!d-
Subcontractor's Location of Business /t/ I PikA7&& 4fi
-i. rA 9/73 3 Street Add&% F,
City State Zip * Subcontractor's Telephone Number including Area Code: ( -
* Subcontractor's California State Contractors License No. and Classification: * Subcontractor's Carlsbad Business License No.:
-
SUBCONTRACTOR'S BID ITEMS
ExDlanatio n: Column 1 - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
* Pursuant to section 4104 (aX2XA) C ifornia Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document $ay besubmitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice lnvitin Bids." - Page of 13 pages of this Subcontractor Designation form
a 7131102 Contract No. 3907 Page 63 of 414
f r,
DESIGNATtON OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder MUST complete each informatlon field on this form for each subcontractor that it proposes to
use. Additional copies of this form may be attached if required to accommodate the Contractor's decision
to use more than one subcontractor. This form must be submitted as a part of the Bldder's sealed bid.
Failure to provide complete and correct information may result in rejection of the bid as non-responsive
The Bidder certlfies that it has used the sub-bid of the following listed subcontractor in preparln this bid for the Work and that the listed subcontractor will be used to perform the portions of the bark as designated in the list in accordance with applicable provisions of the speciflcatlons 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in'the subcontractors listed work will be made except upon the prior
Full Company Name of Subcontractor: k \GH Lc ELCCTK IC
Subcontractor's Location of Business p I 13 Ox 7 33 9
I
1 approval of the Agency.
-, -* 92513
State sz - 96vT 3
Street Address R\V&Rs I DE CA
City * Subcontractor's Telephone Number including Area Code: f 909
* Subcontractor's California State Contractors License No. and Classification:
* Subcontractor's Carlsbad Business License No.: _-
SUBCONTRACTOR'S BID ITEMS
-ation: Column 1 - Bid Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be.submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice lnvitin Bids."--"- -
_- Page 14 of ! ? pages of this Subcontractor Designation form
a 7/31/02 Contract No. 3907 Page 63 of 414
SUBCONTRACTOR INFORMATION
FROM
FCI CONSTRUCTORS
RECEIVED WITHIN 24 HOURS OF
BID OPENING
-
FCI CONSTRUCTORS, INC.
2585 hsiness Park Oriw
Vlsta. California 92083-8831
Contractor's License No. 772589
Telephone: (760) 72?-9767 FAX: (760) 727-9803
DATE: January 23,2004
TO: City of Carlsbad
ATTN: Kevin bavis
TELEPHONE NO. (760) 602-2440 FAX No. (760) 602-8556
FROM: Jim Keep
SUBJECT: Rancho Sante Fe Road North, Phase If
besianation of Subcontractor Forms
(U&E(S). INCLUbING COV€R SHEn
MESSAOE:
WE ARE AN EQUAL OPPORTUNITY EMPIi0YF.R
F C I
C. 0 N S T R U C T 0 R S, I N C.
Please note that in the bid proposal, Daley Corporation mistakenly remained listed for the
Minor Concrete, ;Miscellaneous Construction work when prices quoted by G-rifith
Company had been used in our bid. The correction has been made on the proper form
attached Both companies are not a DBE,
' January 23, 2004
City of Carlsbad
Attn: Kevin Davis, Purchasing Oficer
1 635 Faraday Avenue
Cwlsbad, CA 92008-73 14
SUBJECT: Rancho Sante Fe Road North, Phase Il
Contract No. 3907
Designation of Subcontractor Forms
Mr. Davis,
Please find enclosed the completed Designation of Subcontractor Forms for PCI
Constructors, Tnc 's bid for Rancho Saiite Fe Road North, Phase TT that bid on 1/22/04.
The following subcontractors need to obtain a Carlsbad Business License:
Dywidag-Systems International
SB&O he.
ACL Construction
High Light Electric
Gilbert Ayrla & Sons, Inc.
Malcolm Drilling Co. Xnc. (submitted application 1/23/04)
Craneveyar Corp. (License expired, will renew)
Grimth Company
Diversified Landscape (License expired, will renew)
We have provided instructions, to. these subcontractors regarding obtaining license forms
and applying online at the City of Carlsbad's website.
27R5 DUSINESS rARK DRIVE. VISTA, CALIFORNlA QlOE3-0831 .
TEL: (760) 727-0767 '
MAIN PAX; 17601 72749P7
ADMINISTRnTIVE FAX (760) 560-0233
PSTIMATING FAX 1760) 727JJ803
CONTRA.CTOR'S ISCIENSE NO.' 777.5Ro
AN EQUAL OPl'CIRfl.lN1TY EMPLOYER
Ail e Cnnrlnirmrr, frit:. Cnispnny
I
Upon our request for a confirmation fax from Park West Landscaping to verify their
quotation, it was learned that their quote for Bid Item #lo9 was incomplete. They stated
that their price for BI# 109 did not include the straw matting, temporary irrigation,
bonded fiber matrix, and plant establishment work required by your special provisions.
Park West wanted $180,000.00 mare to cover this work. For this reason, we have
changed our subcontractor listing form to Diversified Landscaping @BE) who had the
next lowest landscape price. Park West is not a DBE
,
1 you have any questions, please contact Jim Keep at (760) 727-9767 at. 226 with any
questions you may have about these forms. Thank you.
Sincerely, keV " bfhief Estimator
FCT CONSTRUCTORS, TNC.
,
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder MUST complete each information field on this form far each subcontractor that it proposes to
use. Addltlonal copies of thls fonn may be attached if required to accommodate the Contractor's decision
to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed bid.
Failure to provide complete and correct informatfon may result In rejection of the bid as non-responsive The Bidder certlfles that it has used the sub-bid of the following listed subcontractor in preparlng this bid for the Work and that the listed subcontractor wlll be used to perform the portions of the Work as designated In the list in accordance with applicsble 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 perfarrn any portion of the Work in excess of than one-half of one percent (0.5%) of the Bldder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: bu iiuidcla ,-5w+crns Intcrmttimcc I
3 J
Subcontractor's Location of Business 21 54 ~sUb&h L&,&.
Subcontractor's Tele aCode:r5bZ) ~531 - blbr * Subcontractor's California State Contractors License No. and Classification: 27 37 I 0 C/a 5 fj C 50 * Subcontractor's Carlsbad Business License No.:
os05 Zl PA
State
1 /
SUBCONTRACTOR'S BID ITEMS
%!%%id ltem No. from the bld proposal, pages 12 through 37, Inclusive. Calumn 2 -The doller amount of the item to be performed by the Subcontractor. Column 3 - The aollar amount of the ltem to be performed by Cantractoh own farces. Colmn 4 - The dollar amount of the Contractor's overhead and pdt for work done by both the Contractor's and the Subcontractofs forces on the item. Total dollar amount of Columns 2,3, and 4 must be equal to the dollar amount in the bid price of the ltem on bid proposal paga 12 through 37, Induslve.
Pursuant to sedlon 4104 (aK2XA) California Public Contract Code, recdpt of the portlons of the information preceded by an asterisk rf3qUired on this document may bs subrnltted by the Bidder up to 24 hours after the deadline for submitting bids contalned in the "Notlce Inviting Blds." Page I of 13 pages of this Subcontractor Designation fonn
. 1/31/02 Conlract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORI",'PHASE 2
The Eldder MUST complete each Information ffeld on thls form for each subcontractor that It pmpoaes to use. Addltianal coples of this form may be attached If requlred to accommodate the Contractor's decfalon
to use more than one subcontractor. This form must be submltted as a part of the Blddefs sealed Md. Failure to provide complete and correct informatlon may result In rejectlon of the bid a8 nornresponshre The Bidder certifies that it has used the sub-bid of the followlng llsted subcontractor In pre adn thls bid for the Work and that the listed aubcontractar will be used to perform the porUons opthe bok as
designated In the list In accordance with appllcable pmvlaions of the speciflcatlons and sectlon 4100 et seq. of the Publlc Contracts Code "Subletting and Subcontracting Fair Practlces Act." The Bldder further certlff es that no additional subcontractor will be allowed to perform any portlon of the Work In excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollan ($10,000) whichever Is greater and that no changes in'the subcontractors listed work will be made except upon the prlor approval of the Agency.
Full Company Name of Subcontractor: TaPTAMfi W&EL
Subcontractor's Location of Business 9 9 7 RAYCH,€K04 DgRlV& #A
t-. CA -, Street Address
* Subcontrsctor's Telephone Number including Area Code: f 760 1 241 - 0 ' Subcontractor's California State Contractors License No. and Classification: 77 go1 0, C\& S ('- 50, H/c
Subcontractor's Carlsbad Business License No.: /a 37 86
SW MA~cos 72069 W State Zip
SUBCONTRACTOR'S BID ITEMS
!kxQhn-: Column 1 - Bld Item No. from the bld proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the Item to be performed by the Subcuntramr. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and proflt for work done by both the Contractor's and the Suboantractds forces on the Item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in ule bid price of the Item on bid proposal pages 12 through 37, inclusive.
Pursuant to salon 4104 (aX2XA) Caldornia Public Contract Code, receipt of the portions of the information preceded by an asterisk requlred on this document may &submitted by the Bidder up to 24 hours after the deadline for subrnittlng bids
contained in the "Nollce Inviting Bids." -- -
Page 2 of 13, pages of this Subcontractor Designation form
a 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH; PHASE 2
The Bidder MUST complete each information fleld on thls form for each subcontractur that It proposes to use. Addltlonai copies of this form may be attached If required to accommodate the Contractots declslon
to u8e mom than one subcontmctor. This form must be submitted as a part of the Bidder's sealed bld.
Failure to pmvlde complete and correct informatlon may result in rejection of the bid as non-responslve The Btdder certlfles that it has used the subbid of the follOWlng iieted subcontractor In pre aring this bid
designated In the list in accordance with applicable provlslons of the speciflca tP on8 and sectlon 4100 et seq. of the Publlc Contracts Code 'Subletting and Subcontracting Fair Practices Act" The Btdder further certifies that no additional subcontractor will be allowed to perform any portlon of the Work In excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($1 0,000) whichever Is greater and that no changes in' the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor. . CRAM€ V'G YO 6?. COR f?
for the Work and that the listed subcontractor wlll be uaed to perform the ortlons o P the Work as
AVE
9 733 'C.
Subcontractor's Location of Business I s lv PeRt'tt YOKJKERO
-, Street Address
Zip
,soun+ IL MoNTs a
CIW Slate * Subcontractor's Telephone Number including Area Code: I624 93, 1 62.
Subcontractor's California State Contractors License No. and clas&a&n: ,?#&#: C/&j5 c-5/ c-#, b&
Subcontractor's Carisbad Business License No.: # d -
SUBCONTRACTOR'S BID ITEMS
%%'"id Item No. from the bid proposal. pages 12 through 37, inclusive. Column 2 - The doller amount of the item to be performed by Ihe Subcontractor. Column 3 - The dollar amaunt of the item ta be pwforrned by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and pdt for work done by both the Contractor's and the Subcontractor's forces on the llem. Total dollar amount of Cdumns 2, 3, and 4 must be equal to the dollar amount in tha bid price of the Item on bid proposal pages 12 through 37, incluslve.
* Pursuant to section 4104 (@@)(A) California Public Contract Code, receipt of the portions of the informatlon preceded by an asterisk requlred on this document may besubmitted by the Bidder up to 24 hours after the deadline for submiltlng blds contained in the "Notice lnvltlng Bids."---" -
Page 3 of 13 pages of this Subcontractor Designation form -
e 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder MUST mmpleb each informa8on field on this form for each subcontractor that It proposes to
use. Additional copies of this form may be attached if requlred to accommodate the Contractor's decision
to use more than one subcontractor. This fom 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 followlng listed subcontractor in preparing this bid for the Work and that the llsted subcontractor will be used to perform the portions of the Work as designated in the llst 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 erform any portion of the Work in excess of
is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
than one-half of one percent (0.5%) of the Bidder's total bi tf or ten thousand dollars ($10,000) whichever
Full Company Name of Subcontractor TW c dt9 P& NW
Subcontractor's Location of Business / ZZ 0 o 23 t OON FILPL m ,+PAS. Street Address
5hk;r~ FE Spi;l /P6S LA 90 6 70
Subcontractor's Telephone Number Including Area Code: [ 5& 1 9Z 9 - // 26
Subcontractor's California State Contractors License No. and Classification: # b;S * Submntractofs Carlsbad Business License No.:
city State ZP
HA z A. R &-e
SUBCONTRACTOR'S BID ITEMS
Exd Colu~?&i Item No. from the bid proposal, pages 12 through 37, Induslve. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Catumn 3 - The dollar amount of the Item to be performed by Contractor's own forces. Column 4 - The dol[ar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2. 3. and 4 must be equal to the dollar amount in the bid prlce of the Item on bld proposal pages 12 through 37, inclusive.
" Pursuant to section 4104 (a)(2)(A) Callfomia Publlc Contract Code, receipt of the portions of the informaNon preceded by an
asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids
mntalned In the "Notlce lnvitlng Bid6."
Page Y of 13 pages of this Subcontractor Designation form
Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO. 3907
RANCHO $ANTA FE ROAD NORTH, PHASE 2
The Bidder MUST complete each infarmation field on this form for each subcontractor that it proposes to
use. Addltlonal copies of thls form may be attached if requimd to accommodate the Contractor's decision
to use more than one subcontractor. 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 nan-responsive The Bidder certifies that it has used the sub-bid of the following listed subcontractor In preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the llst in accordance with applicable provisions of the speclflcations 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 in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes In the subcontractors listed work will be made except upon the prior
4
? approval of the Agency.
Full Company Name of Subcontractor: \(iu fJQA t. hd.5 cm Gel.S.lDDrn cult
I /
-,. . Subcontractor's Location of Business 845c?& iVa Pfa c e
>b rA. 2/2/ ,Streel Address
City Zip * Subcontractor's Telephone NumberXing Area Code: l &sg) ''*k8 - %oOL
Subcontractor's California State Contractors License No. and Classificatlan: /339#7 c/aJsh B ~~7fill - Subcontractots Carlsbad Business License No.: /s_/&q 8 I I/ t
SUBCONTRACTOR'S BID ITEMS
% Overhead 8 Proflt I Excluding OvirheadIB Profit I
$ 9z53c !$
$ de9 $ Ar
&%?kid Item No. from the bid proposal, pages 12 through 37, incluslve. Column 2 -The dolla amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the Kern 10 be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and proflt far work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2. 3. and 4 must be equal to the dollar amount in the bid price of the Item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (a)(2XA) California Public contract Coda, receipt of the portlans of the InformatIan preceded by an asterisk required on this dacumenl may besubmitted by the Bidder up lo 24 hours after the deadline for submlttlng bids - contalned in the "Notlce lnvltln Bids." Page 3 of 1.3 pages of this Subcontractor Designation form
@ 7/31/02 Contract No. 3907 Page 63 of 414
I
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO, 3907
RANCHO SANTA FE ROAD NORTH,' PHASE 2
The Bidder MUST complete each information field on this form for each subcontractor that It proposes to
use. Addltlonal copies of thls form may be attached if required to accommodate the Contractor's decision
to use more than one subcontractor. This form must be submitted as a part of the Biddets sealed bid.
Failure to provide complete and conect 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 subcontractor in preparin this bid for the Work and that the listed subcontractor will be used to perform the portions of the?%* as
designated in the list in aGcordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder krrther certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($40,000) whichever
is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor. 5 &p , /K
D -.,,. Subcontractor's Location of Business- &P?Y Y/U4 R Street Address
S#N ~JEGO c.4 9zrt.3
0- - 1141z'p City State Subcontractor's Telephone Number including Area Code; _cs"s
* Subcontractor's California State Contractors License No. and classkztn: ?L5 6922 - pqxss&nac
Subcontractor's Carlsbad Business License No.:
-
SU~~JW icem me
SUBCONTRACTOR'S BID ITEMS
-@ion:
COlUmn 1 - Bid Itern No. from the bid DroDosal, oaaes 12 throuah 37, inclusiv6. Column 2 - The dollar amount of the iteg to be peaormad by 168 Subcontractor. Column 3 - The dollar amount of tho item to be performod by Contractor's own fmes. Column 4 - Tho dollar amount of the Contractor's overhead and proflt for work done by bolh the Contractor's and the Suhcohtractor's forms on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to tho dollar amount in the bid price of the itom on bid proposal pages
12 through 37, inclusive.
Pursuant io section 4104 (aX2HA) California Public Contract Code, receipt of the portions of the inforrnatlon preceded by an
astorisk required on this document may be.subinltted by the Bidder up to 24 hours after the deadlino for submitttng bids contained in the "Notice Inviting Blds."
-. Page 6 of 13 pages of this Subcontractor Designation form
Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
,. .
CONTRACT NO, 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bldder MUST complete each informatlon fleld on thls form for each subcontractor that it proposes to
use. Addltlonal caplee of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This form must be submltbd as a part of the Blddets sealed bid.
Failure to provlde complete and correct informatlon may result In rejection of the bid as non-reaponslve The Bldder certifies that it has used the sub-bld of the following llsted subcontractor in pre d thls bld for the Work and that the listed subcontractor wlll be used to perform the odons of%e%ork as
seq. of the Public Contracts Code "Sublettlng and Subcontracting Fair Practices Act.' The Bidder fuurther certifies that no additional subcontractor will be ailowed to perform any portion of the Work In excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in'the subcontractors listed work will be made except upon the prior
approval of the Agency.
Full Company Name of Subcontractor: NALCOG M PR I LL-1 co )uda
Subcontractor's Location of Business 2 I%$ LA MlAA'DA DRlV€
deslgnated In the lid in accordance with applicable provlslons Of the speclfkat P one and sedan 4100 et
'7.. -, CA 92oal - 56 State v I 5Vfstree(
City * Subcontractor's Telephone Number Including Area Code: [ 1 b0 1 77 7
* Subcontractots California State Contractors License No. and Classiflcation: 2s934.3 ' cyass A - Subcontractor's Carlsbad Business License No.: #
Exl2Iamh: Column 1 - Bid Item No. fm the bid proposal, pages 12 through 37, Inclusive. Column 2 - The dollar amount of the item to be performed by Ihe Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's awn forces. Column 4 - The dollar amount of the Contractor's overhead and prom for work done by both the Contractor's and Lhe Submntractots forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the Item on bld proposal pages 12 through 37, inclmive.
* Pursuant to section 4104 (aM2XA) California Public Contract Code, receipt of the portions of the Information preceded by an
asterisk required on this document may besubmitted by the Bidder up to 24 hours after the deadline for submltllng bids contained In the "Notice Inviting Blds." -- *'- -
Page 7 of 13. pages of this Subcontractor Designation form
'3 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder MUST complete each information field on this form far each subcontractor that It proposes to
use. Additional coplss of this form may be attached if required to accommodate the Contractor's dedsion
to use more than one subcontractor. This form must be submttted as a part of the Bidder's sealed bid.
Fallure to provide complete and correct information may result in rejection of the bid as non-responsive
fhe Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparlng thls bid for the Work and that the llsted subcontractor will be used to perform the portions of the Work as designated in the list in accordance with appllcable provisions of the speciflcatlons and section 4100 et seq. of the Publlc Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor wifl be allowed to perform any portion of the Work in excess of than one-half of one percent (0,5%) of the Blddets total bid or ten thousand dollars ($10,000) whichever Is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
i
CL
Subcontractor's Location of Business 430 E. cwd I/-e )3 be4
om CA 917blP Street Address na
9691s'z2q - 1 8qP Clty * Subcontractor's Telephone Number including Area Code:
* Subcontractor's Callfornia State Contractors License No. and Classification: 4(,,g$4o Cia Sgp ' Subcantractots Carlsbad Business License No.: I
iixRhanm: Column 1 - Bid Item No. from the bid pldposal, pages 12 through 37, inclusive. Calumn 2 - Ths dollar amount of the item to be perbrrned by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Cdumn 4 - The dollar amount of the Contractor's overhead and @It fbr work done by both the Contractor's and the Subcontractor's forces on the Item. Total dollar amount of Columns 2. 3, and 4 mwt be equal to the dollar amount in the bid price of Ihe Item on bld pmposal pages 12 VImugh 37, inclusive.
' Pursuant to section 4104 (a)(2XA) California Publlc Contract Code, receipt of the pofflons of the Information preceded by an asterisk requlred on thls document may be-subrnitted by the Bidder up to 24 hours after the deadline for subrnlttlng blds
contained in the "Notlce lnvitt Bids.'
Page of 13 pages of this Subcontractor Designation form -
a 7/31/02 Contract No. 3907 Page 63 of 414
SUBCONTRACTOR'S BID ITEMS
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTMCTOR'S BID ITEMS
CONXMCT NO. 3907
RaNCHO SANTA FE ROAD NORTH, PHASE 2
The Bldder MUST complete each infomatlon fleld on this fom for each subcontrador that it proposes to
use. Additional copies of this form may be attached If required to accommodate the Contractor's decision
to use more than one subcontractor. This form must be submitted as a part of the Bidder's sealed btd.
Failure to provide complete and correct infbrmatlon may result in rejection of the bid as non-responsive The Bidder certifies that it has used the sub-bid of the following listed subcontmctor In preparing this bid for the Work and that the llsted subcontractor will be used to perform the portions of the Work as designated in the list In accordance with applicable provisions of the speciflcatlons and section 4100 et
certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever
is greater and that no changes in'the subcontractors listed wmk MU .be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor.
Subcontractor's Location of Business I3 2'5 0 HAM LLIA Y
I seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further 1
NEAL EL€C.TRlc
I
-, 92067 --- Street Address
POWAY CA
City Slate Zip - 25 ZS Subcontractor's Telephone Number including Area Code: ( 8s 8 1
Subcontractor's California State Contractors License No. and Classification: 802588, C/&s 3 c-/o * Subcontractor's Carlsbad Business License No.: (2049 a
'3 13 -
SUBCONTRACTOR'S BID ITEMS
pxdan a&.n_; Column I - Bid Itam No. from the bid proposal, pages 12 through 37, inclusivo. Column 2 - The dollar amount of the item to bo performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contreclor's own forces. Column 4 - The dollar amounl of the Contractoh overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the itam. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid prlce of the itom on bld pmpasal pages 12 lhrough 37, incluslve.
Pursuant to section 4104 (aX2XA) California Public Conlract Code, receipt of the portions of the information preceded by an asterisk raquhd on this document may bcr. submitted by ths Bidder up to 24 hours after the deadline for subrnltting bids contained in the "Notice Inviting Bids."-=- '- - - Page q of 13. pages of this Subcontractor Designation form
e w 7/31/02 Contract No. 3907 Page 63 of 4.14
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S 810 ITEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH; PHASE 2
The Bidder MUST camplete each informatlon field on this form for each subcontractor that it proposee to
use. Addltlonal wples of this form may be attached If required tu accommodate the Contractor's declelon to uae more than one subantractor. This form must be aubmitted 88 a part of the Blddet8 sealed bid.
Failure to provide complete and correct informatlon may result in reJedOn of the bid as non-reeponsive The Bidder cemfles that it has used the aub-bid of the fallowing listed eubcontractor In pre arln this bld for the Work and that the llsted subcontractor wlil be used to pehrm the ortions 0th bork as
seq. of the Publlc Contracts Code "Subletting and Subcontrecthg Fair 1 tachs A&' The Bldder further certifies that no additional subcontractor wlll be allowed to erfom any portion of the Work In exams of
is greater and that no changes In the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor: TOM c. Dv K G
Subcontractor's Locatlon of Business . p\ 0. 60X 352
daslgnated In the llst in accordance wlth applicable provlslOn8 of the 8 ecifl catr on8 and sectlon 4100 et
than one-half of one percent (0.5%) of the Bidder's total bi B or ten thousand dollars ($10,000) whichever
?9.', 91403 - -- Cpt Street Address
Subcontractor's Telephone Number including Area Code: f 6 I9 1 44s - 22-70 ' Subcontractor's California State Contractors License No. and Classification: 2604lp 3
,+ Subcontractor's Carisbad Business License No.; /m 1p54z
ALPINE
city State ZIP
ss C-Q, C-&/&Yi,
C-bqLEq 16,a,N
SUBCONTRACTOR'S BID ITEMS
&-: Column 1 - Bid Item No. from the bld propal. pages 12 thmugh 37, inclusive. Column 2 - The dollar amount of the item lo be performed by the Subcontractor. Column 3 - The dollar amnl Of me itam to be performed by Contractor's own forces. Column 4 - The dollar amount of the Conkactor's overhead and proflt for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount In the bid prlce of the llwn on bld proposal pages 12 through 37, inclusive.
" Pursuant to section 4104 (aK2XA) Callfornia Public Contract Code, recelpt of the portions of the informallon preceded by an asterisk required on this document may b& submitted by the Bidder up to 24 hours after the deadline for submlltlng bids contained in the "Nolice Invilin Bids."-"- -
Page \ 8 of I3 pages of this Subcontractor Designation form
I
a 7/31/02 Contract No. 3907 Page 63 of 414
DESIGNATION Of SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID- tTEMS
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH,' PHASE 2
The Bldder MUST complete each lnformatlon fleld on thia Ibnn for each eubcontractor that It pmposes to use. Addlttonal coptea of this form may be attached If mqulmd to accommodate the Contractor's declaion
to use more than one subcontractor. This form must be submltted as a part of the Blddeta sealed bid.
Failure to provide complete and correct informatlon may result In rejection of the bid as non-reaponslve the Bidder oertffles that It has used the subbld of the fo\lowlng listed aubcontmctor In pre arln this bid for the Work and that the listed subcontractor wlll be used to perform the portlon~ opthe hork as dealgnated In the llst in accordance with appllcable pmvlelons of the s ecMcationa and sectlon 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair g ractlces Act," The Bldder further certlfles that no addltlonal subcontmctor wlll be allowed to perform any portlon of the Work In excess of than onehalf of one percent (0:5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes In. the subcontractors listed work will be made except upon the prior approval of the Agency.
Subcontractofs Location of Business-_ PA 0 - I Z6Y
City Subcontractor's Telephone Number including Area Code: l 70 1
Subcontractor's California State Contractors License No. and Cl&ifi:tion: 605046 ac;lS /f * Subcontractor's Carlsbad Business License No.:
,-,.. -- $be& Addfa3 SAW 8&2/VAuD/PO CA 42ctor
Slate €38 - 7.39;'
#
&%?!Id Item No. from the bld proposal, pages 12 through 37, Incluslve. Column 2 - The dollar amount of the Item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be pefformed by CPntractofs own forces. Column 4 - The dollar amount of the Contradots overhead and profit for work done by bolh the Contractor's and the Subcontradots forces on the Item. Total dollar amount of Columns 2. 3, and 4 must be equal to the dollar amount in the bid price of the Item on bid proposal pagee 12 through 37, inclusive.
" Pursuant lo section 4104 (a)(2XA) Callfomla Public Contract Code, receipl of the portions of the informatlon preceded by an asterisk requlred on this document may besubmitted by fhe Bidder up lo 24 hours afler the deadline for submitting blds containad In the 'Notice lnvitl Bids."--- -- -
Page 7 of 13 pages of this Subcontractor Designation form
a 7/31/02 Contracl No. 3907 Page 63 of 414
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
,-
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder MUST complete each information field on this form for each subcontractor that It proposes to
use. Additional copies of this fom may be attached if required to accommodate the Contractor's dedslon
to use more than one subcontractor. 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 subconhctor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the llst 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 Bldder further certifies that no additional subcontractor will be allowed to perform any portlon of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bld or ten thousand dollars ($10.000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency,
Full Company Name of Subcontractor: D,J VEE 5/ f /eo
Subcontractor's Location of Business 77s 01 WA5H/Pd7-0!v 577
LA n/DscAPL= to,
Strwt Address
W/A/k#/= S7&R ca F25PG
city State Zip
Subcontractor's Telephone Number including Area Code: f 7-1 7.2s - 7 YY
* Subcontractor's California State Contractors License No. and Classification:
* Subcontractor's Carlsbad Business License No.:
c S76/.9~
SUBCONTRACTOR'S BID ITEMS
ExDlanetion: Column 1 - Bid Item No. from the Md DroDosal. ~aaes 12 throuoh 37. inclusive. Column 2 - The dollar mount of the hem to be pdorrned by 6e Submntramr. Column 3 -The dollar amount of the item to be performed by Contractor's own farces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount In the bid price of the Item on bld proposal pages 12 through 37, inclusive.
* Pursuant to section 4104 (a)(2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterlsk required on this document may be submitted by the Bidder up to 24 hours after the deadllne for submitting bids contained in the "Notice Inviting Bids."
Page /Z of /3 pages of this Subcontractor Designation form
a 7/31/02 Contract No. 3907 Page 63 of 414
0- . OESlGNATlON OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
CONTRACT NO, 3007
RANCHO SANTA FE ROAD NOR7fI,' PHASE 2
The Bldder MUST complete each informatlon neld on thla form for each subwntrector that It proposes to
uae. Addltlonal coplea of this form may be attached If requlrad to accommodate the Contractor's declaim
to use more than one subcontractor, This form must be submitted as a part of the Blddets sealed bid.
Fatlure to provtde complete and correct informatlon may result In rejectroh of the bid as non-responsive The Bidder certlfles that It has used the sub-bid of the following Ileted subcontractor In pre arln this bM for the Work and that the listed subcontractor will be used to perform the rtlona o PBV the ork as deslgnated In the list In accordance with appltcable provlelons of the speciflca G ns and sectlon 4100 et seq. of the Public Contracts Code 'Sublettlng and Subcontracting Fair Pradlces Act.* The Bidder f'urther certifies that no additlonal subcantractor Will be allowed to perform any portlon of the Work In exces8 of than one-half of one percent (0.5%) of the Blddets total bld or ten thousand dollars ($10,000) whichever is greater and that no changes In' the subcontractors listed work will be made except upon the prior
approval of the Agency.
Full Company Name of Subcontractor. H\Gh ELECTKIIC
Subconttacbr's Location of Business p I 6 ox 7 33 9
'Y. 4cr- 92513
sz . q6vy
Street Address RIV62.51 DE CA State City * Subcontractor's Telephone Number including Area Code: I 90? 1 3 * Subcontractor's California State Contractors License No. and Classification: Sap33s C(&S c- 0 - * Subcontractor's Carisbad Business License No.: I
hDlanetlw: Column 1 - Bid Item Ne. from the bld proposal. pages 12 through 37, Incluslve. Column 2 - The dollar amount of the Rem 10 be performed by the Subcontractor. Column 3 - The dollar amount of the item lo be performed by Contradots MH~ forces. Column 4 - The dollar amount of the Contractor's overhead and pfoflt for work done by bolh the Contractor's and the Subcontractor's forces on the Item. Total dollar amount of Columns 2. 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pagea 12 lhroug h 37, Inclusive.
Pursuant to sectlon 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an asterlsk required on this document may bsubrnitted bk the Bidder up to 24 hours after the deadline for submitting bids contained in the "Nolice lnvitin Bids."--"- - Page \ 3 of 13 pages of this Subcontractor Designation form
e 7/31/02 Contracl No. 3907 Page 63 of 414
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner OperatorRessor 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 Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Complete Address:
Street -- City State Zip
* Owner Operator/Lessor Telephone Number plus Area Code: [ -
* Owner Operator/Lessor City of Carlsbad Business License No.:
I %u=%d Item No. from the bid proposal, pages 12 through 37, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner Operator/Lessor's forces on the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 12 through 37, inclusive.
Pursuant to section 4104 (aX2XA) California Public Contract Code, receipt of the portions of the information preceded by an
asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids."
Page of pages of this Owner OperatorRessor form
G 7/31/02 Contract No. 3907 Page 64 of 414
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BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted
under separate cover marked CONFIDENTIAL.
Please see attached pages
7/31/02 Contract No. 3907 Page 65 of 414
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FCI CONSTRUCTORS, INC.
Consolidated Financial Statements
Years ended December 3 1,2002 and 2001
... ... , *,
FCI Constructors, Inc.
Consolidated Financial Statements
Years ended December 31,2002 and 2001
Contents
7 Report of Independent Auditors .......................................................................................... 1
Consolidated Fi nanci a1 Statements
Consolidated Balance Sheets .............................................................................................. 2
Consolidated Statements of Operations .............................................................................. 4
Consolidated Statements of Stockholder's Equity .............................................................. 5
Consolidated Statements of Cash Flows ............................................................................. 6
Notes to Consolidated Financial Statements ....................................................................... 7
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9 ERNST&YOUNG
Report of Independent Auditors
FCI Constructors, Inc.
We have audited the accompanying consolidated balance sheets of FCI Constructors, Inc.
(the “Company”) as of December 31, 2002 and 2001, and the related consolidated
statements of operations, stockholder’s equity and cash flows for the years then ended.
These financial statements are the responsibility of the Company’s management. Our
responsibility is to express an opinion on these financial statements based on our audits. -
We conducted our audits in accordance with auditing standards generally accepted in the
United States. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the consolidated financial statements are free of
material misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes assessing
the accounting principles used and significant estimates made by management, as well as
evaluating the overall financial statement presentation. We believe that our audits provide
a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material
respects, the consolidated financial position of FCI Constructors, Inc. as of December 31,
2002 and 2001, and the consolidated results of its operations and its cash flows for the
years then ended, in conformity with accounting principles generally accepted in the
United States.
‘3 February 21,2003
,--
FCI Constructors, Inc.
Consolidated Balance Sheets
December 31,
2002 2001
Assets
Current assets:
Cash and cash equivalents
Cash held in escrow
Receivables: L-.
Trade and other
Affiliates
Due-from affiliate
Costs and estimated earnings in excess of billings
Deferred income taxes
Prepaid expenses and other current assets
on uncompleted contracts
Total current assets
Property, plant and equipment, at cost:
Land
Buildings
Equipment
Less accumulated depreciation
Construction materials
Deferred loss on sale of assets
Other assets
Total assets
$1 1,558,246 $ 5,726,203
5,582,412 13,728,246
16,993,879 10,35 1,563
393,734 522,336
12,152,500 17,375,000
3,541,963 5,761,798
853,141 670,783
869,948 917,232
51,945,823 55,053,161
3,153,121 1,958,459
3,348,150 57 1,854
8,794,646 15,435,700
1 5,295,9 1 7 17,966,013
(5,170,382) (6,989,02 1)
10,125,535 10,976,992
4,901,497 4,873,683
482,852 262,199
178,277 280,119
$67,633,984 $71,446~ 54
2
December 31,
2002 2001
3
Liabilities and stockholder’s equity
Current liabilities:
Accounts payable:
Trade and other
Affiliates
Accrued liabilities and other
Note payable to sole stockholder
Notes payable to affiliates
Current maturities of long-term debt
Billings in excess of costs and estimated earnings
on uncompleted contracts
Total current liabilities
Long-term debt
Note payable to sole stockholder
Long-term debt to affiliates
Deferred income taxes
Total liabilities
c
$1 6,044,283 $16,987,462
3,362,937 7,333,992
4,703,167 2,574,727
500,000 -
3,930,000 180,000
14,125 461,971
13,437,97 1 15,962,609
41,992,483 43,500,761
829,538 55 3,803 - 500,000
9,100,000 10,260,000
2,176,542 2,178,437
54,098,563 56,993,OO 1
- Commitments and contingencies (Notes 8, 10 and 12) -
StocM.lolder’s equity: i
Common stock, no par value, 1,000 shares
authorized, 100 shares issued and outstanding 14,860,462 14,860,462
Accumulated deficit (1,325,041) (407,309)
Total stockholder~s equity 13,535,421 14,453,153
Total liabilities and stockholder’s equity $67,633,984 $71,446,154
I
See accompanying notes. 1
3
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3
1
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Construction revenue
Cost of operations:
Direct costs
Indirect costs
Total cost of operations
FCI Constructors, Inc.
Consolidated Statements of Operations
Operating income (loss)
Other income (expense):
Interest income
Interest expense
Other, net
Other income (expense), net
Income (loss) before provision (benefit) for
income taxes
Provision (benefit) for income taxes:
Current
Deferred
Total provision (benefit) for income taxes
Net income (loss)
See accompanying notes.
Year Ended December 31,
2002 2001
$134,739,076 $14 1,804,288
125,33 1,926 130,679,928
10,202,661 10,759,408
135,534,587 141,439,336
(795,511) 364,952
1,253,123 2,O 19,4 1 8
(902,891) (802,905)
(656,706) (1 17,955)
(306,474) 1,098,558
(1,101,985) 1,4633 10
32 1,076 -
(1 84,253) 265,970
(184,253) 587,046
$ (917.732) $ 876,464
I
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FCI Constructors, Inc.
!
Consolidated Statements of Stockholder’s Equity
Years ended December 3 1,2002 and 200 1
Common Accumulated
Stock Deficit Total
Balances at December 3 1,2000 $14,860,462 $(1,283,773) $13,576,689
Net income - 876,464 876,464
Balances at December 3 1,2001 14,860,462 (407,309) 14,45 3,153
Net loss - (9 1 7,7 32) (917,732)
Balances at December 31,2002 $14,860,462 $( 1,325,04 1) $13,535,42 1
See accompanying notes.
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FCI Constructors, Inc.
Consolidated Statements of Cash Flows
Operating activities
Net income (loss)
Adjustments to reconcile net income (loss) to net
cash provided by (used in) operating activities:
Depreciation
Gain on sale of property, plant and equipment
Deferred loss on sale of assets
Deferred income taxes
Net change in assets and liabilities:
Cash held in escrow
Receivables, prepaid expenses and other
Notes receivable from affiliates
Costs and estimated earnings in excess of
Construction materials
Other assets
Accounts payable, accrued liabilities and other
Billings in excess of costs and estimated
earnings on uncompleted contracts
Net cash provided by (used in) operating activities
current assets
billings on uncompleted contracts
Investing activities
Purchases of property, plant and equipment
Proceeds from sale of property, plant and equipment
Proceeds from sale-leaseback transaction
Distribution of joint venture cash to stockholder
Net cash used in investing activities
Financing activities
Payments on long-term debt Proceeds from long-term debt
Net payments from (advances to) affiliate
Proceeds from note payable to affiliate
Proceeds from long-term debt to affiliates
Payments on long-term debt to affiliates
Net cash provided by (used in) financing activities
Net increase (decrease) in cash and cash equivalents
Cash and cash equivalents, beginning of year
Cash and cash equivalents, end of year
Supplemental disclosure of cash flow information
Cash paid for interest
Year Ended December 31,
2002 2001
$ (917,732) $ 876,464
2,07 1,362 2,112,806
( 167,466) (4,270)
(220,653) (262,199)
(184,253) 265,970
8,145,834 (3,88 1,369)
(6,466,430) 10,208,620 - 370,000
2.2 19,835 (679,031)
(27,814) 604,420
101,842 132,963
(2,785,794) (2,98 1,2 10)
(2,524,638) 1,612,217
(755,907) 8,375,381
(5,O 10,673) (4,772,920)
1,059,984 406,363
2,898,250 1,8 13,464 - (1 18,236)
(1,052,439) (2,671,329)
(1,025,086) (57 1,604)
852,975 65,050
5,222,500 (7,125,000)
3,750,000 -
470,000 680,000
(1,630,000) (1,040,000) 7,640,389 (7,991,554)
5,832,043 (2,287,502)
5,726,203 8,013,705
$11,558,246 $ 5,726,203
$ 897,714 $ 572,078
See accompanying notes.
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements
December 3 1,2002
1. Operations
FCI Constructors, Inc. (“FCI” or the “Company”), a Delaware corporation, is engaged in
the business of obtaining and constructing heavy civil and highway construction projects
in the State of California and the Southwestern United States, both directly and through
construction joint ventures formed for the same purpose.
FCI’s sole stockholder is HBG Flatiron, Inc. (“Flatiron”), a Delaware corporation, a
wholly owned subsidiary of HBG Constructors, Inc. (“HCI”). HCI is owned 90% by
HBG USA, Inc. (“HBG USA”), a Delaware corporation, and 10% by the CEO of HCI. HBG USA is owned 100% by Hollandsche Beton Groep nv, a Dutch Corporation (“HBG
nv”). Until April 2002, HBG nv was a publicly traded corporation in the Netherlands
traded on the Dutch stock exchange (Euronext Amsterdam). In April 2002, Grupo
Dragados SA acquired in excess of 99% of the shares of HBG nv. Grupo Dragados SA is
a Spanish corporation whose shares are traded on the Spanish stock market in Madrid
(DES). In June 2002, Koninklijke BAM NBM nv (“Royal BAM Group”), announced it
had reached an agreement with Grupo Dragados SA for Royal BAM Group to acquire
HBG nv from Grupo Dragados SA. On November 16,2002, the purchase of HBG nv by
Royal BAM Group was completed with Royal BAM Group acquiring in excess of 99% of
the shares of HBG nv. Royal BAM Group is a Dutch corporation whose shares are traded
on the Euronext Amsterdam stock exchange. The Company’s assets, liabilities and equity
balances are reflected at their historical carrying values in the accompanying consolidated
balance sheets and do not reflect the push down of the purchase price related to the
acquisitions.
The Company has investments in the following construction joint ventures as of
December 3 1,2002:
FCI ConstructordInterbeton, Inc.-Formed in 1997 by FCI (70%) and Interbeton,
Inc., a wholly owned subsidiary of HCI, (30%) for the purpose of jointly
constructing the seismic retrofit of a bridge in the State of California. In a separate
agreement between FCI and Flatiron, the 70% interest held by FCI is shared among
FCI (20%) and Flatiron (50%).
FCI ConstructordCleveland Bridge California, Inc.-Formed in 2000 by FCI
(65%) and Cleveland Bridge California, Inc. (35%) for the purpose of jointly
obtaining and constructing a bridge project in the State of California. In a separate
agreement between FCI, Flatiron, and Interbeton, Inc., a wholly owned subsidiary of
HCI, the 65% interest held by FCI is shared among Flatiron (30%), FCI (25%), and
Interbeton, Inc. (10%).
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
1. Operations (continued)
Kiewit/FCI/Manson-Formed in 2001 by FCI (27%), Kiewit Pacific Co. (65%), and
Manson Construction Co. (8%) for jointly obtaining and constructing projects in the
State of California. In a separate agreement between FCI and Flatiron, the 27%
interest held by FCI is shared among FCI (13.5%) and Flatiron (13.5%).
Effective May 3, 2001, Redwood City Dredging Company (“Redwood”) was acquired
and merged into the Company, with FCI being the surviving company. Redwood
engaged in the business of renting marine equipment.
2. Summary of Significant Accounting Policies
The significant accounting policies of the Company are as follows:
Basis of Presentation
The consolidated financial statements include the accounts of the Company together with
its proportionate share of the assets, liabilities, revenues and expenses of the construction
joint ventures. All significant intercompany accounts and transactions, including the
Company’s proportionate share of intercompany balances and transactions with
construction joint ventures, have been eliminated.
Recognition of Revenues and Costs
Income from uncompleted contracts is recorded on the percentage-of-completion method,
measured by the percentage of direct contract costs incurred to date to estimated total
direct contract costs. Provisions for estimated losses on uncompleted contracts are made
in the period in which such losses are determined. Revenues in connection with contract
claims and change orders are recorded when realization is probable and the amount can
be reliably estimated.
Use of Estimates
I
The preparation of the consolidated financial statements in conformity with accounting
principles generally accepted in the United States requires management to make estimates
and assumptions that affect the amounts reported in the consolidated financial statements
and accompanying notes. The principal area involving the use of such estimates relates to
income recognized on long-term construction contracts, including the valuation of claims.
Due to uncertainties inherent in the estimation process, it is at least reasonably possible
that actual results could differ materially from those estimates in the near term.
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FCI Constructors, Jnc.
Notes to Consolidated Financial Statements (continued)
2. Summary of Significant Accounting Policies (continued)
Classification of Current Assets and Liabilities
The Company’s operating cycle is the length of each individual contract, which may
extend beyond one year. Therefore, costs and estimated earnings in excess of billings on
uncompleted contracts, along with all other contract-related receivables and cash held in
escrow, are included in current assets. Billings in excess of costs and estimated earnings
on uncompleted contracts, along with all other contract-related payables, are included in
current liabilities. A one-year time period is used as the basis for classifying all other
current assets and liabilities.
Cash and Cash Equivalents
The Company considers all highly liquid investments with an original maturity of three
months or less to be cash equivalents. A portion of the Company’s cash and cash
equivalents represent its proportionate share of joint ventures’ cash and cash equivalent
balances and may not be available to the Company to meet its current operating needs.
Cash Held in Escrow
Cash totaling $5,582,412 and $13,728,246 at December 31,2002 and 2001, respectively,
is held in escrow by various banks in lieu of contract retainages. This cash will be
released by the project owner upon the Company’s satisfactory completion of contract
provisions. The Company does not expect that $3,469,282 of escrow balances at
December 31,2002 will be released within the next fiscal year.
Property, Plant and Equipment
Property, plant and equipment is stated at cost. Depreciation is computed using the
straight-line and declining-balance methods over the estimated useful lives of the assets,
which range from three to 15 years, with an appropriate provision for estimated salvage
values.
Construction Materials
The Company accounts for construction materials at the lower of cost or estimated
recoverable value.
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
2. Summary of Significant Accounting Policies (continued)
Credit Risks
Concentrations of financial instruments that potentially subject the Company to credit risk
consist of cash and cash equivalents, cash held in escrow, accounts receivable, and
unbilled contract receivables.
The Company, by policy, limits the amount of credit exposure by placing its cash and
cash equivalents with financial institutions evaluated as highly creditworthy. Risks
associated with concentrations of credit with respect to accounts receivable and unbilled
contract receivables are limited due to the Company’s credit evaluation process.
Historically, no significant credit-related losses have been incurred.
Accounting for the Impairment or Disposal of Long-Lived Assets
In accordance with Statement of Financial Accounting Standards (“SFAS”) No. 144,
Accounting for the Impairment or Disposal of Long-Lived Assets, long-lived assets and
certain identifiable intangibles to be held are reviewed for impairment whenever events or
changes in circumstances indicate that the carrying amount of an asset may not be
recoverable. The Company believes that there have been no impairments in the carrying
value of long-lived assets during the years ended December 31,2002 and 2001.
Income Taxes
The Company joins with the parent and the parent’s other subsidiaries in filing a U.S,
federal income tax return on a consolidated basis. Income taxes are calculated on a
separate-return basis with consideration of the tax-sharing agreement between the parent
and its subsidiaries.
Reclassifications
Certain prior year amounts have been reclassified to conform to the current year’s
presentation. These reclassifications had no effect on net income or retained earnings as
previously stated.
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
3. Trade Receivables and Trade Payables
The Company’s trade and other receivables consist of the following:
December 31,
2002 2001
Contracts in process
Retain ages
Interest and miscellaneous
$14,069,802 $ 8,830,3 18
2,123,890 876,568
800,187 644,677
$16.993.879 $10.351.563
Retainages include $1,008,930 at December 31, 2002, which the Company does not
expect to collect within the next fiscal year.
At December 31, 2002, trade accounts payable includes subcontractor retainages of
$5,436,263, of which $1,030,068 is not expected to be paid within the next fiscal year. I
4. Costs and Estimated Earnings on Uncompleted Contracts
The Company’s cumulative costs and estimated earnings and related billings on
uncompleted contracts are as follows:
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December 31,
2002 2001
Contract amount earned to date $546,738,073 $528,628,983
Billings to date (556,634,081) (538,829,794)
Net $ (9,896,008) $ (10,200,811)
Costs and estimated earnings on uncompleted contracts are included in the accompanying
balance sheets under the following captions:
December 31,
2002 2001
Costs and estimated earnings in excess of billings
on uncompleted contracts $ 3,541,963 $ 5,761,798
Billings in excess of costs and estimated earnings
on uncompleted contracts (13,437,971) (15,962,609)
Net !$ (9,896,008) $(10,200,811)
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
5. Long-Term Debt
Long-term debt consists of the following:
December 31,
2002 2001
$780,000 unsecured promissory note to a third
party, payable in monthly installments of
interest only of $5,200 through January 2007,
when the remaining principal and interest are
due and payable.
$1,166,764 promissory note to a bank,
collateralized by equipment of the Company,
payable in monthly installments of $23,535,
including interest at 7.78%.
$841,061 notes to an equipment manufacturer,
collateralized by equipment of the Company,
payable in total monthly installments of
$28,367, including interest rates ranging from
2.67% to 7.00%.
Other
$780,000 $ -
- 734,836
280,938
63.663 -
-
Less current portion
843,663 1,015,774
14,125 461,971
$829,538 $ 553,803
The aggregate payments of long-tern debt outstanding at December 31,2002, and for the
next five years, are summarized as follows:
2003
2004
2005
2006
2007
Total
$ 14,125
2 1,983
22,8 17
4,738
780,000
$843,663
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
6. Employee Benefit Plan
The Company participates in a profit-sharing plan (the “Plan”) that is qualified under
Section 401(k) of the Internal Revenue Code and is sponsored by HCI. The Plan covers
substantially all non-union employees of the Company. The Company’s contributions to
the Plan totaled $384,303 and $397,258 for the years ended December 31, 2002 and
2001, respectively.
7. Related-Party Transactions
i
Accounts receivable and payable from affiliates includes amounts due frodto affiliated
entities for management fees, equipment rentals, income taxes, and administrative and
other purchased services.
1 1
Cash balances in excess of current operating needs are transferred to HCI, where cash
funds are either invested in temporary cash investments or used to fund the cash needs of
accrue interest at 6% and are payable on demand. At December 31, 2002 and 2001, the
balance due from HCI was $12,152,500 and $17,375,000, respectively. During the years
ended December 31, 2002 and 2001, the Company recognized interest income of
$686,745 and $1,053,604, respectively, on such advances.
- other HCI subsidiaries or repay debt. Short-term advances to and borrowings from HCI
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Note payable to sole stockholder of $500,000 at December 31,2002 and 2001, represents
a promissory note payable to Flatiron. The note bears interest at 6% and matures on
March 31, 2003. The Company recognized interest expense of $30,000 related to this
note during each of the years ended December 31,2002 and 2001.
Long-term debt to affiIiate of $9,100,000 and $10,260,000 at December 31, 2002 and
2001, respectively, represents the Company’s proportionate share of a joint venture’s
notes payable to HCI and the Company’s promissory notes payable to HCI. The notes
bear interest at the rate of 6% and mature on April 1,2004. During the years ended
December 31, 2002 and 2001, the Company incurred interest expense of $734,239 and
$703,741, respectively, in conjunction with these notes.
I Notes payable to affiliates of $3,930,000 and $180,000 at December 31, 2002 and 2001,
respectively, represents promissory notes payable to FCYCB ($3,750,000 and $0 at
December 31, 2002 and 2001, respectively) and Interbeton, Inc. ($180,000 at December
31, 2002 and 2001), which bear interest at rates ranging from 4% to 5.5% and mature on
March 31, 2003. The Company recognized interest expense of $65,614 and $12,600
related to the notes during the years ended December 31,2002 and 2001, respectively.
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
7. Related-Party Transactions (continued)
Total fees charged by HCI for certain management, financial, and other services were
$3,098,869 and $3,261,498 for the years ended December 31, 2002 and 2001,
respectively, and have been included in indirect costs in the accompanying consolidated
statements of operations.
The Company has entered into certain transactions with its joint ventures, principally for
labor, equipment rentals, and other costs. The revenues and expenses associated with
such transactions have been included in the accompanying consolidated statements of
operations net of the Company’s proportionate share in the joint venture.
The extent to which the consolidated financial statements would have been affected if the
Company were not affiliated with other corporations, partnerships and joint ventures, or if
transactions with the affiliates had been with non-related entities, has not been
determined.
8. Lease Commitments
During the years ended December 31, 2002 and 2001, the Company sold various pieces
of equipment for $3,586,250 and $1,813,464, respectively. Concurrent with the sales, the
Company leased the equipment back for a period of three years. The leases are renewable
at the Company’s option in 12-month increments for an additional two years. The
Company also has the option to repurchase the equipment at the end of each lease term at
the contractually determined residual value, which is expected to approximate the fair
value of the equipment.
The sales of the equipment generated losses, net of expenses, of $323,327 and $280,796
during the years ended December 31,2002 and 2001, respectively, which are deferred and
are being amortized ratably over the estimated lease term of five years. The unamortized
balance of the deferred loss at December 31, 2002 and 2001 is $482,852 and $262,199,
respectively. The future minimum annual rental payments due under the noncancelable
portion of these operating leases are included in the future minimum annual rental
payments reported.
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
8. Lease Commitments (continued)
The Company leases certah other plant, office space, and equipment under operating
leases. The Company’s future minimum annual rental payments under all noncancelable
operating leases (including related-party leases discussed in Note 7) as of December 31,
2002 are as follows:
2003
2004
2005
2006
Total
$1,153,295
831,928
649,216
7.460
$2,641,899
Rental expense (including related-party rentals discussed in Note 7 and casual rentals)
included in direct and indirect costs for the years ended December 31, 2002 and 2001 is
$1 8,233,558 and $14,436,685, respectively. _-
9. Income Taxes
1
The Company accounts for income taxes under SFAS No. 109, Accounringfor Income
Taxes. A deferred income tax asset or liability is determined by applying currently
enacted income tax laws and rates to the cumulative temporary differences between the
carrying amount of assets and liabilities for financial reporting and income tax purposes.
Deferred income tax expense is measured by the change in the net deferred income tax
asset or liability during the year after considering any valuation allowances provided
against deferred income tax assets.
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
9. Income Taxes (continued)
The components of the Company's provision (benefit) for income taxes are as follows:
Year Ended December 31,
2002 2001
Provision (benefit) for income taxes:
Current:
Federal $ - $250,150
State - 70,926
Total current - 32 1,076
Deferred:
Federal ( 1 59,162) 256,952
State (25,09 1) 9,018
Total deferred (1 84,253) 265,970
Total provision (benefit) for income taxes $( 184,253) $587,046
Variations from the federal statutory rate are as follows:
Year Ended December 31,
2002 2001
Expected provision (benefit) for federal income
taxes at statutory rate of 34% $(374,675) $497,593
State tax provision (benefit), net of federal benefit (56,618) 79,944
Impact of provision to return adjustments 23 1,503 - Effect of permanent differences 15,537 9,509
Total $( 184,253) $587,046
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FCI Constructors, lnc.
Notes to Consolidated Financial Statements (continued)
9. Income Taxes (continued)
The components of the Company’s deferred income tax assets and liabilities are as
follows:
December 31,
2002 2001
Deferred income tax assets: Net operating loss canyforwards $ 878,371 $ -
Accrued vacation 122,255 110,196
Accrued workers’ compensation and
other insurance 729,505 560,587
Total deferred income tax assets 1,730,13 1 670,783
Deferred income tax liabilities:
Accelerated depreciation
Other, net
Total deferred income tax liabilities
Net deferred income tax liability
2,983,073 2,098,142
70,459 80,295
3.053.532 2.178.437
$(1,323,401) $(1,507,654)
At December 31, 2002, the Company has net operating loss (“NOL”) carryforwards of
$2,231,630 available to offset future income tax liabilities. The NOL carryforwards
expire in 2022. The Company’s ability to utilize these NOL carryforwards is dependent
on the existence of future taxable income, which the Company has projected will occur
before the expiration period.
The Company is a member of a group that files a consolidated income tax return. The
liability for current income taxes of the consolidated group is allocated to members of the
group based on each member’s taxable income (loss) and is included in accounts payable
from affiliates in the accompanying balance sheets ($1,342,461 and $1,573,964 at
December 3 1,2002 and 2001, respectively).
10. Contingencies and Settlements
The Company has initiated several claims with project owners for additional
compensation related to various contract changes and differing conditions. In connection
with these claims, the Company has forecasted the minimum amounts believed to be
probable of recovery of $1.1 million and $1.9 million cumulatively through December 31,
2002 and 2001, respectively. Certain claims that were outstanding at December 31,2001
were settled during 2002.
17
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FCI Constructors, Inc.
Notes to Consolidated Financial Statements (continued)
11. Letters of Credit
At December 31, 2002, the Company and its subsidiaries and construction joint ventures
had $5.7 million of irrevocable standby letters of credit outstanding with expiration dates
ranging from December 31, 2003 through September 1, 2006. The letters of credit were
issued in favor of project owners or joint venture partners to guarantee performance or
payment on certain construction contracts.
The Company also has an irrevocable standby letter of credit in the amount of $28.8
million that was issued by a bank at the request of one of the Company’s construction
joint ventures (the “Venture”) to guarantee payment to a subcontractor for the supply of
materials to the Venture. The letter of credit obligation will be reduced as payments are
made to the subcontractor by the Venture. Management anticipates that the total balance
of the letter of credit will be decreased by approximately $25.0 million by June 30, 2003.
The expiration date of the letter of credit is March 3 1, 2004. As of December 3 1, 2002,
an irrevocable standby letter of credit of $10.1 million has been issued by one of the
Venture’s partners in favor of HBG nv for its share of the amounts owed to the
subcontractor.
The letters of credit have been arranged by HBG nv through its credit facilities. The
Company and its subsidiaries and construction joint ventures are ultimately responsible
for any amounts drawn against the letters of credit; however, the management of the
Company believes the likelihood of any amounts being drawn is remote.
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BIDDERS STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
The Bidder is required to state what work of a similar character to that included in the proposed Contract
he/she has successfully performed and give references, with telephone numbers, which will enable the
City to judge hidher responsibility, experience and skill. An attachment can be used. PLEASE SEEAlTArn SHEETS
Name and Phone
No. of Person Name and Address
@ 7/31/02 Contract No. 3907 Page 66 of 414
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BIDDERS CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EM PLOY ERS' LlABI LITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability ,.--
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered to
meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the
Contractor proposes.
2) Cover anv 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.
7/31/02 Contract No. 3907 Page 67 of 414
ACORD1,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY)
03/22/04
I INSURER E: I
PRODUCER
HRH of Colorado
720 S. Colorado Blvd Ste PH N
* P.O. Box 469025
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDlNG
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. EXCLUSIONSAND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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. I
iver, CO 80246-9025
INSURED
FCI Constructors, Inc.
2585 Business Park Drive
Vista, CA 92083-8831
INSURERS AFFORDING COVERAGE NAIC #
INSURERA Zurich-American Ins. Co. 19445
INSURER B National Union Fire Ins.
INSURER C
INSURER D
x WCSTATU- OTH-
TYPE OF INSURANCE DD' ISR POLICY EFFECTIVE DATE IMMIDDIYY) POLICY EXPlRATIOh DATE CMMIDDmL LlMll POLICY NUMBER
GL0298849403 06101 103 06101104 $1 ,000,000
$500,000
$5,000
SI ,000,000
s2,000,000
52,000,000
EACHOCCURRENCE
DAMAGE TO RENTED PREMISES Ea occurrence)
CLAIMS MADE OCCUR MED EXP (Any one person)
PERSONAL 8 ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG tl GENL AGGREGATE LIMIT APPLIES PER
LOC x TO MOBILE LIABILITY BAP298849503 06/01/03 06/01104 COMBINED SINGLE LIMIT (Ea accident)
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE (Per accident)
AUTO ONLY - EA ACCIDENT
OTHERTHAN -!!%??
AGG AUTO ONLY:
EACHOCCURRENCE
AGGREGATE
H I
GARAGE LIABILITY
ANY AUTO
-
-
EXCESSIUMBRELLA LlABlLlN 4 OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION $ 10,000
NORKERS COMPENSATION AND iMPLOYERS' LIABILITY
4NY PROPRIETOR/PARTNER/EXECUTlVE 2FFICERIMEMBER EXCLUDED?
s
BE3204856 06101104 06101103 015,000,000
015,000,000
NC298849303 06101103 06101104
$1,000,000
$1 ,000,000
$1,000,000 f yes, describe under SPECIAL PROVISIONS below
DTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
Project Description: Rancho Santa Fe Road North, Phase 2
Project Number: 3907
The City of Carlsbad, its officials, employees 8, volunteers are Additional Insureds as
respects to General & Auto Liability only if required by written contract and coverage
[See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION I 1 I- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATET REOF THE SS PJGl URER LL-MAIL 2 DAYSWRllTEN
NOTICdTO%lE CERTIFICATE HOLDER NAMED TO THE LEFT, Ti cert&eY mail City of Carlsbad
Purchasing Dept.
1635 Faraday Avenue
Carlsbad, CA 92008-7314
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement($
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 254 (2001108) 2 of 3 #SI 93655/M182963
I DESCRIPTIONS (Continued from Page I)
applies only as respects ongoing operations performed by Insured for the Certificate
Holder. All coverage terms, conditions and exclusions of the policy apply. - The General & Auto Liability coverage is primary per the policy terms & conditions only
2quired by written contract.
cxcept 10 Days Notice for Non-Payment of Premium and Workers
Compensation for any cause of cancellation.
AMS 25.3 (2001108) 3 of3 #SI 936551M182963
POLICY NUMBER: BAP 2 9 8 8 4 9 5 - 0 3
Endorsement Effective:
Named Insured
COMMERCIAL AUTO
CA 20 48 02 99
Countersigned By:
(Authorized Representative)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
SCHEDULE
Name of Person(@ or Organization(s):
BLANKET AS REQUIRED BY WRITTEN CONTRACT.
The Auto coverage is primary per the policy terms & conditions only.if required by
written contract.
This po1icy:'will not be canceled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation
or reduction in coverage by the City Clerk of the City of Carlsbad, CA.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applica-
Each person or organization shown in the Schedule is an "insured for Liability Coverage, but only to the extent that person or
organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section I1 of the Coverage Form.
~- ble to the endorsement.)
CA 20 48 02 99 Copyright, Insurance Services - Office, Inc., 1998
AOENl COPY
Page 1 of 1 0
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POLICY NUMBER: GLO 2988494-03 COMMERCIAL GENERAL LIABILITY
CG 20 37 10 01
TiiiS ENDORSEMENT CHANGES THE POLICY. PLEASE REIZD IT CIZREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
BLANKET AS REQUIRED BY WRITTEN CONTRACT.
Location And Description of Completed Operations:
ALL LOCATIONS.
Additional Premium:
INCLUDED
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
Section II - Who Is An Insured 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" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard".
"This policy will not be canceled, materially changed nor the amount of coverage
reduced until thirty (30) days after receipt of written notice of cancellation
or reduction in coverage by the City Clerk of the City of Carlsbad, CA."
CG 20 37 10 01 o ISO Properties, ~nc., 2000
AGENT COPY
Page 1 of 1
COMMERCIAL GENERAL LIABILITY CG 20 33 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COM MERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to
include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such per- son or organization be added as an additional in-
sured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person-s or organization-s status as an insured under this endorsement ends
when your operations for that insured are com- pleted.
B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply:
2. Exclusions
-
This insurance does not apply to:
a. "Bodily injury", 'property damage' or "per-
sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
(2) Supervisory, inspection, architectural or
engineering activities.
b. "Bodily injury" or "property damage' occur-
ring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi-
tional insured(s) at the site of the cov- ered operations has been completed; or
(2) That portion of 'your work" out of which the injury or damage arises has been put
to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the
same project.
CG2033 1001 0 IS0 Properties, Inc., 2000
AGENT COPY
Page 1 of 1
Additional Insured-Owners, Lessees or
Policy No.
Contractors (Primary Insurance)
Eff. Date of POL Exp. Date of POL Eff. Date of End. Producer Add’L Preni Return Prenr.
$ $
This endorsement modifies the insurance provided under the following:
Commercial General Liability Coverage Form
SCHEDULE
Name of Person or Organization:
BLANKET WHEN REQUIRED BY WRITTEN CONTRACT.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
SECTION II - WHO IS AN INSURED 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 ongoing operations performed for that insured.
The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other
insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a
contractor other than you for the same operation and job location. Then we will share with that other insurance by the
method described in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
U-GL-1081-A CW (12/01)
Page 1 of 1
AGENT COPY
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
BUS. NO. 121 7467
~ DATE ISSUED 01 I21 I2004
08.070G $80.00
BALANCE $0.00
TAXES PAID H AWROANCE WITH CITY BUSINESS TAX OROINANCE
CITY OF CARLSBAD
e
L.
Company Profile Page 1 of 2
Company Profile
ZURICH AMERICAN INSURANCE
COMPANY
1400 AMERICAN LANE
SCHAUMBURG, IL 60196-1056
800-382-2150
Agent for Service of Process
COLIN J. FLEMING, 560 MISSION STREET SAN FRANCISCO, CA 94105
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 16535
California Company ID #: 458 1-5
NAIC Group #: 0212
Date authorized in
California:
License Status:
January 01,1999
UNLIMITED-
NORMAL
Company Type: Property & Casualty
State of Domicile: NEW YORK
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an
explanation of any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
http://cdinswww .insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co_prof?p_EID= 10.. . 313 1/2004
Company Profile Page 2 of 2
COMMON CARRIER LIABILITY
CREDIT
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LIABILITY
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SPRINKLER
SURETY
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A.M. Best's Rating for Zurich American Insurance Company Page 1 of 1
02563 - Zurich American Insurance - Company
Member of Zurich Financial Services Group
View a list of aroup members or the group's rating
A.M. Best #: 02563 NAlC #: 16535
Best's Rating
A (Excellent)+
Financial Size Cateaory
XV ($2 billion or more)
*Ratings as.of 03/31/2004 04:35:15 PM E.S.T.
Rating Category (Excellent): Assigned to companies that have, in our opinion, an excellent ability to meet their ongoing obligations to policyholders.
Important Notice: Best's Ratings reflect our opinion based on a comprehensive
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--
BIDDERS STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
2) If yes, what washere the name(s) of the agency(ies) and what washvere the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
BY CONTRACTOR:
FCI Constructors, Inc.
,(name of Contractor)
By:
James J. Keep. Vice President (print name/title)
Page I of I pages of this Re Debarment form
e 7/31/02 Contract No. 3907 Page 68 of 414
.-
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act
or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent
act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged
violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State
License board, P.O. Box 26000, Sacramento, California 95826.
Have you ever had your contractor‘s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
X
no
Has the suspension or revocation of your contractors license ever been stayed?
X
Yes no
Have any subcontractors that you propose to perform any portion of the Work ever had their
contractor‘s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
X
no
Has the suspension or revocation of the license of any subcontractor‘s that you propose to perform
any portion of the Work ever been stayed?
A
no
5) If the answer to either of 1 or 3 above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
violation and the disciplinary action taken therefor.
I
_.- (If needed attach additional sheets to provide full disclosure.)
Page 1 of 2 pages of this Disclosure of Discipline form
a w 7/31/02 Contract No. 3907 Page 69 of 414
BIDDER'S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
.-
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
.-
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the
nature of the violation and the condition (if any) upon which the disciplinary action was stayed.
.-
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
FCI Constructors, Inc.
(name of Contractor)
By:
James J. Keep, Vice President
(print namehitie)
Page * of pages of this Disclosure of Discipline form
7/31/02 Contract No. 3907 Page 70 of 414
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. 3907
RANCHO SANTA FE ROAD NORTH, PHASE 2
State of California
County Of San Diego
) ss.
James J. Keep , being first duly sworn, deposes
(Name of Bidder)
Vice President and says that he or she is
(Title)
of FCI Constructors, Inc. . ~- (Name of Firm)
.-
..
L
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
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
21st day of correct and that this affidavit was executed on the
Januarv ,20%.
Subscribed and sworn to before me on the 2 1s t day of January ,20 04 .
@ 7/31/02 - Contract No. 3907 Page 71 of 414
CONTRACT
PUBLIC WORKS
This agreement is made this /.% day of (=7ah4, , 20&, by and between
the City of Carlsbad, California, a municipal corpbration, (hereinafter called "City"), the Carlsbad
Municipal Water District of Carlsbad, California, a municipal corporation, (hereinafter called "District"),
and FCI CONSTRUCTORS whose principal place of business is
2585 BUSINESS PARK DRIVE VISTA CALIFORNIA 92083 (hereinafter called "Contractor).
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents for:
Rancho Santa Fe Road North, Phase 2
Contract No. 3907
(hereinafter called "project")
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re
Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the
Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions,
and all proper amendments and changes made thereto in accordance with this Contract or the Plans and
Specifications, and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, herhis subcontractors, and materials suppliers shall provide and install the work as indicated,
specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which
are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the
intent of said documents. In all instances through the life of the Contract, the City will be the interpreter
of the intent of the Contract Documents, and the City's decision relative to said intent will be final and
binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of
the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and the 1998 AND 1999 supplements thereto
hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public
Works Association, and as amended by the Supplemental Provisions section of this contract. The
Engineer will close the estimate of work completed for progress payments on the last working day of
each month.
5. Independent Investigation. Contractor has made an independent investigation of the jobsite,
the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is
aware of those conditions. The Contract price includes payment for all work that may be done by
Contractor, whether anticipated or not, in order to overcome underground conditions. Any information
that may have been furnished to Contractor by City about underground conditions or other job conditions
is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions and has not relied on
@ 7/31/02 Contract No. 3907 Page 72 of 414
information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or
other excavations that extend deeper than four feet below the surface Contractor shall promptly, and
before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as
defined in section 251 17 of the Health and Safety Code, that is required to be removed to a Class I,
Class II, or Class Ill disposal site in accordance with provisions of existing law.
B.
indicated.
Dlffering Conditions. Subsurface or latent physical conditions at the site differing from those
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or
do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially differ, or
involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for,
performance of any part of the work, contractor shall not be excused from any scheduled completion date
provided for by the contract, but shall proceed with all work to be performed under the contract.
Contractor shall retain any and all rights provided either by contract or by law which pertain to the
resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of
the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will
comply with these requirements, including, but not limited to, verifying the eligibility for employment of all
agents, employees, subcontractors, and consultants that are included in this Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on
file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California
Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all
applicable prevailing wages on the job site.
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the District and the City of Carlsbad and their consultants, WVD and their
consultants, and each of their officers, agents, and employees from all claims, loss, damage, injury and
liability of every kind, nature and description, directly or indirectly arising from or in connection with the
performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with
any applicable law, rules or regulations including those relating to safety and health; and from any and all
claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the
sole or active negligence or willful misconduct of the District and the City or their consultants, WVD or
their consultants, or their officers, agents, and employees. 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
@ 7/37/02 Contract No. 3907 Page 73 of 414
the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the contract to
Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor,
whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City.
Defense costs include the cost of separate counsel for City, if City requests separate counsel.
rc
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Contractor, his or her agents, representatives, employees or
subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-
403.
A. Coverages And Limits. Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for
bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the
amounts specified shall be established for the risks for which the City or its agents, officers or employees
are additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto"
and cannot be limited in any manner.
- c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as
required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per
incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the
City and the District.
8. Additional Provisions. Contractor shall ensure that the policies of insurance required under this
agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance
contain, or are endorsed to contain, the following provisions.
a. The District and 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 District or the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insurance coverage shall be primary insurance as respects the District and the
City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the District
or the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall
not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the District and the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
C. Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or
..-
a 7/31/02 Contract No. 3907 Page 74 of 414
limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested.
D. Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention
levels must be declared to and approved by the City and District. At the option of the City and District,
either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects
the City and District, its officials and employees: or the contractor shall procure a bond guaranteeing
payment of losses and related investigation, claim administration and defense expenses.
rc-
E. Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City and District or
any of its officials or employees.
F. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors
shall be subject to all of the requirements stated herein.
G. Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key
Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by
the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the
official publication of the Department of Insurance of the State of California and/or under the standards
specified by the City Council in Resolution No. 91-403.
H. Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf. The certificates and endorsements are to be in forms approved by the City and are to be
received and approved by the City before the Contract is executed by the City.
1.
the Contractor's bid.
Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 201 04) which are incorporated by reference. A copy of Article 1.5 is included
in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to
the City using the informal dispute resolution process described in Public Contract Code subsections
20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply
with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any
claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement.
A. Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must
be asserted as part of the contract process as set forth in this agreement and not in anticipation of
litigation or in conjunction with litigation.
B.
considered fraud and the Contractor may be subject to criminal prosecution.
False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
C. Government Code. Contractor acknowledges that California Government Code sections 12650 et
seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to
a public entity. These provisions include false claims made with deliberate ignorance of the false
information or in reckless disregard of the truth or falsity of the information.
D. Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims
Act, it is entitled to recover its litigation costs, including attorney's fees.
7
e 7/31/02 Contract No. 3907 Page 75 of 414
E. Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may
subject the Contractor to an administrative debarment proceeding wherein the Contractor may be
prevented from further bidding on public contracts for a period of up to five years.
F.
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
G. Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from
participating in future contract bidding.
H. Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 above.
12. Trenching and Excavating. If this contract involves digging trenches or other excavations that
extend deeper than four feet below the surface the following provisions shall apply:
(a) That the Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:
(1) Material'that the 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.
(2) Subsurface or latent physical conditions at the site differing from those indicated.
(3) 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.
(b) That the 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 the
contractor's cost of, or the time required for, performance of any part of the work shall issue a
change order under the procedures described in the contract.
(c) That, in the event that a dispute arises between the City and the 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, the Contractor
shall not be excused from any scheduled completion date provided for the contract, but shall
proceed with all work to be performed under the contract. The 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. (Public Contract Code Section 71 04)
13. 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 I, 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.
14. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of
the Labor Code are incorporated herein by reference.
15. Unfair Business Practice. Assignment of Unfair Business Practice Claims pursuant to California
Public Contracts Code Section 7103.5, in entering into a public works contract, the contractor or
subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
CartWright Act (Chapter 2 commencing with Section 16700 of Part 2 of Division 7 of the Business
@ 7/31/02 Contract No. 3907 Page 76 of 414
16.
17.
18.
and Professions Code), arising from purchases of goods, services or materials pursuant to the
public works contract or subcontract. This assignment shall be made and become effective at the
time the awarding body tenders final payment to the contractor, without further acknowledgement of
the parties.
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.
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.
Additional Provisions. Any additional provisions of this agreement are set forth in the "General
Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGM
(CORPORATE SEAL)
CONTRACTOR:
By: &dW
(sign here)
(print name and title)
Paul C. Roberts, Vice President / Asst. Secretary By
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
DFuty City AttomeylDeputy General Counsel -
7/31/02 Contract No. 3907 Page 77 of 414
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c
State of California 'I
On March 24, 2004 beforeme, Julie A. Patlan, Notary Public ,
Date Name and Title of Oflicer (e g , "Jane Doe. Notary Public")
personally appeared Thomas J. Rademacher
Name(s) of Signer@)
ixI personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(ga whose name@ is/m
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/- authorized
capacityw), and that by his/-
signatureo on the instrument the person&), or the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal. Ci~-A.@&@fl3 Signature of Notary Public
OPTlONA L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Contract Public Works
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Thomas J. Rademacher
Top of thumb here 0 Individual a Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
President
0 Other:
Signer Is Representing: FCI Constructors, Inc.
0 1999 National Notary Association 9350 De Sot0 Ave., P.0 Box 2402 Chatsworth. CA 91313-2402 * ww.nationaInota~.oq Prod. No. 5907 Reorder. Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
State of California I
On ~ March 24, 2004 beforeme, Julie A. Patlan, Notary Public ,
Name and Title of Officer (e.g., "Jane Doe, Notary Publtc") Date
personally appeared Paul c Roberts
Name@) of Signer@)
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(@ whose name(3 is/=
subscribed to the within instrument and acknowledged to me that he/sm executed
the same in his/- authorized
capacity(=), and that by his/tE!x&&x
signature(q on the instrument the person(@, or
the entity upon behalf of which the person(%
acted, executed the instrument.
WITNESS my hand and official seal.
Comnyon 8 1441164
- Signature of Notary Public -
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Contract Public Works
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Paul C. Roberts
0 Individual
pfi Corporate Officer - Title(s): Vice Pres /Asst Secretary
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: FCI Constructors, Inc.
0 1999 National Notary Association * 9350 De Sot0 Ave , PO. Box 2402 Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No 5907 Reorder: Call Toll-Free 1-800-8766827
Bond No. 0871 9721
Premium included in charge for the
Performance Bond
LABOR AND MATERIALS BOND
.-
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2004-053,
adopted , and the Board of Directors of the Carlsbad Municipal Water District
of the City of Carlsbad, State of California, by Resolution No. 1201 , adopted MARCH 2, 2004,
has awarded to FCI CONSTRUCTORS (hereinafter designated as the
"Principal"), a Contract for:
MARCH 2, 2004
Rancho Santa Fe Road North, Phase 2
Contract No. 3907
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
, as Princi al,* NOW, THEREFORE, WE, FCI CONSTRUCTORS (hereinafter designated as the "Contractor"), and and Deposit Company Of Mary1an 3 ,
as Surety, are held firmly bound unto the City of Carlsbad/Carlsbad Municipal Water District in the
sum of THIRTEEN MILLION, SEVEN HUNDRED EIGHTY-TWO THOUSAND, FIVE HUNDRED
ELEVEN - Dollars ($ 13.782.51 1 .OO ), said sum being an amount equal to: One hundred percent
(100%) of the total amount payable under the terms of the contract by the City of Carlsbad/Carlsbad
Municipal Water District, and for which payment well and truly to be made we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
LY
I
presents. * Zurich American Insurance Company
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the
performance of the work contracted to be done, or for any other work or labor thereon of any kind,
consistent with California Civil Code section 3181, or for amounts due under the Unemployment
Insurance Code with respect to the work or labor performed under this Contract, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development Department from
the wages of employees of the contractor and subcontractors pursuant to section 13020 of the
Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the
same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the
court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications. -
a '4 Revised: 07/31/02 Contract No. 3907 Page 78 of 414 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond. _._
24th Executed by SURETY this 23rd day Executed by CONTRACTOR this
of March .20 04 . day of March
Fidelity and De osit Company of Maryland, - ZuricE American hsxa
fl a 818-409-2800
ety, .1 n ?.
---- Lompany
(nameofsur . ’
! 801 North Brand Blvd., Pencnouse 51iiLe
(address of Surety) --- Glendale, CA 91203
.-.-.- (telephone number of Surety)
Thomas J. Rademacher
President, FCI Constructors, Inc. (print name here)
-- - ,.
and organization of signatory) By:
” 1 ” (sfgbature of Attomey-iicr+aqt\
\I \/ (sign here) Leigh McDonough, Attorney-in-Fact -- Paul C. Roberts (printed name of Attorney-in%actj
.__ - , .. . .. (print name here)
(attach corporate resolution showing currenr Vice President 1 Asst. Secretary, FCI Constructors, Inpowerofattorney) - (title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing
the partner to execute this instrument.)
APPROVED AS TO FORM:
Deputy City Attorney
LRC e
e Revised: 07/31/02 Contract No. 3907 Page 79 of 414 Pages
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
on March 24, 2004 beforeme, Julie A. Patlan, Notary Public ,
Date Name and Title of Oflicer (e g , "Jane Doe, Notary Public')
personally appeared Thomas J. Rademacher
Name($) of Signer(s)
@ personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(9Q whose name(sr) IS/^
subscribed to the within instrument and
acknowledged to me that hel- executed
the same in his/tXWtX% authorized
capacityw), and that by his/&XKE?r
signaturem on the instrument the person(q, or
the entity upon behalf of which the person(8
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: March 2, 2004 Number of Pages:
Labor and Materials Bond
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Thomas J . Rademacher
0 Individual 8 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General 0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
President
FCI Constructors, Inc.
0 1999 National Notafy Association - 9350 De Sot0 Ave PO Box 2402 - Chatswotth. CA 91313-2402 * www nationalnotaiyorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I State of California
On ~ March 24, 2004 beforeme, Julie A. Patlan. Notary Public ,
personally appeared Paul C. Roberts
Date Name and Title of Onicer (e.g.. "Jane Doe, Notary Public")
Name@) of Signer@)
IX personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(@ whose name(d is/%
subscribed to the within instrument and
acknowledged to me that helm executed
the same in his/- authorized
capacity(=), and that by his/-
signaturem on the instrument the person(@, or
the entity upon behalf of which the person(a
acted, executed the instrument.
WITNESS my hand and official seal.
v Signature of Notary Public-
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons rewing on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: March 2, 2004 Number of Pages:
Labor and Materials Bond
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Individual 8 Corporate Officer -Title(s): Vice Pres. /Asst. Secretary
Top of thumb here
O Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: FCI Constructors, Inc.
0 1999 National Notary Association - 9350 De Solo Ave PO Box 2402 Chatsworth, CA 91313-2402 * www natlonalnotaryotg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of Orange
On March 23, 2004
personally appeared Leigh McDonough 1
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that 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.
before me, Patricia H. Brebner, Notary Public
DATE NAME, TITLE OF OFFICER - E.G , "JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 0
cl
Ix) 0 0
IN DlVl DUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
LIMITED E GENERAL
PARTNER(S)
AlTORN EY-I N-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
NUMBER OF PAGES
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S4067lGEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-71E
Bond No. 0871 9721
Premium: $64,280.00
FAITHFUL PERFORMANCENVARRANTY BOND
rc- WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2004- - 053, adopted MARCH 2.2004 , and the Board of Directors of the Carlsbad Municipal Water
District of the City of Carlsbad, State of California, by Resolution No. 1201 , adopted MARCH 2,
2004 , has awarded to FCI CONSTRUCTORS (hereinafter designated
as the "Principal"), a Contract for:
Rancho Santa Fe Road North, Phase 2
Contract No. 3907
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and
other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE, , as principal, (hereinafter designated as
the "Contractor"), and Fidelity and Deposit Company of Maryland, * , as Surety, are
held firmly bound unto the City of Carlsbad, in the sum of THIRTEEN MILLION, SEVEN
HUNDRED EIGHTY-TWO THOUSAND, FIVE HUNDRED ELEVEN - Dollars ($ 13,782,511.00 ),
said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be
paid to City or its attorney, its successors and assigns; for which payment, well and truly be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally,
firmly by these presents. * Zurich American Insurance Company
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions, and agreements in the Contract and any
alteration thereof made as therein provided on their part, to be kept and performed at the time and in
the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein
stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and
effect.
FCI CONSTRUCTORS
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
w 6s Revised: 07/31/02 Contract No. 3907 Page 80 of 414 Pages
day of 23rd - Executed by CONTRACTOR this 24 th
Executed by SURETY this
March 04 day of March ,20 04 .
I20-. CONTRACTOR:
SURETY:
Fidelity and Deposit Company of Maryland,
Zurich American Insurance Company
(name of Surety)
801 North Brand Blvd., Penthouse Suite
Glendale, CA 91203
Thomas J. Rademacher (address of Surety)
(telephone number of Surety)
I 818-409-2800 (print name here)
-I
President, FCI Constructors, Inc.
(Title and Organization of Signatory)
h&Wd&
By:
0 (sig@ture of Attomey-in-Fact)
Leigh McDonough, Attorney-in-Fact
By: /It+ l&
(sign here)
(print name here)
---- - Paul C. Roberts (printed name of Attomey-in-Fact) -
Vice President / Asst. Secretary, FCI Constructors, (Attach corporate resolution showing current
power of attorney.) Inc . (Title and Organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and Secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership, authorizing the
partner to execute this instrument.)
APPROVED AS TO FORM:
RONALD R. BALL
/- e
Q 7/31/02 Contract No. 3907 Page 81 of 414
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I
State of California I
Countyof 1 ss. San Diego
On March 24, 2004 beforeme, Julie A. Patlan, Notary Public ,
Date Name and Title of Officer (e.g.. "Jane Doe. Notary Public")
personally appeared Thomas J. Rademacher
Name@) of Signer@)
B personally known to me
7 proved to me on the basis of satisfactory
evidence
to be the person(@ whose name@) is/=
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/tEXWW authorized
capacity@), and that by his/fSUUHr
signatureo on the instrument the person(@, or
the entity upon behalf of which the person(q
acted, executed the instrument.
WITNESS my hand and official seal.
,
W Signature oy Notary Public
w. ..W..rnL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fom to another document.
Description of Attached Document
Title or Type of Document:
Document Date: March 2 2004 Number of Pages:
Faithful Performance/Warranty Bond
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Thomas J. Rademacher
0 Individual
B Corporate Officer - Title@):
0 Partner - 0 Limited 0 General
Attorney-in-Fact
0 Trustee
Guardian or Conservator
0 Other:
Signer Is Representing: FCI Constructors, Inc.
President
Q 1999 National Notary Association 9350 De Sot0 Ave , PO Box 2402 Chatsworth, CA 91313-2402 * w.natlonalnotary.org Prod No 5907 Reorder: Call Toll-Free 1-800-676-6827
c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of San Diego
On March 24, 2004 beforeme, Julie A. Patlan, Notary Public ,
personally appeared Paul C. Roberts
Date Name and mtle of Mficer (e 9.. “Jane Doe. Notary Public’)
Name($ of Signer(s)
personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(@ whose name@) is/=
subscribed to the within instrument and
acknowledged to me that he/- executed
the same in his/N%%EX authorized
capacity(H), and that by his/tXi#H%r
signature@) on the instrument the person(q, or
the entity upon behalf of which the person(Eq
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of 6otary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance/Warranty Bond
Document Date: March 2. 2004 Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name: Paul C. Roberts
0 Individual Top of thumb here
B Corporate Officer - Title@): Vice Pres. /Asst Secretary
0 Partner - C Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: FCI Constructors, Inc.
0 1999 National Notary Association * 9350 De Solo Ave , PO Box 2402 - Chatsworth, CA 91313-2402 * www.nationalnotaryorg Prod No 5907 Reorder Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California _- County of Orange
On March 23, 2004
personally appeared Leigh McDonough 1
[XI personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that helshelthey executed the same in
before me, Patricia H. Brebner, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC
NAME(S) OF SIGNER(S)
hislherlthei authorized capacity(ies), -and that by hislherltheir
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESgmy hand and ofFiqial seaA
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AITACHED DOCUMENT
0 0
0
IXI 0 0 0
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
LIMITED E GENERAL
PARTNER( S)
AlTORN EY-I N-FACT
TRUSTEE(S)
GUARDIANlCONSERVATOR NUMBER OF PAGES
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
S4067lGEEF 2/98 6 1993 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-718
r- Power of Atto rne y
I FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
side hereof and are hereby certified to be in full force and effect on the
appoint Leigh MCDONOUGH, of Irvine, California,
and deliver, for, and on its behalf as surety, and as it
all intents and purpos
Company at its office
Leigh MCDONOU
ngs and the execution
that issued on behalf of
ct set forth on the reverse side hereof is a true copy of Article VI,
Vice-President and Assistant Secretary have hereunto subscribed their names and
aExed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of January,
A.D. 2004.
IN WITNESS
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.- T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland ss:
On this 8th day of January, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
City of Baltimore I
Dennis R. Hayden Notary Public
My Commission Expires: February 1,2005
POA-F 012-5025H
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND -
“Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Seniw
Vice-presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-presidents, Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto.”
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that
the Vice-president who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: “That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed.” -
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affied the corporate seal of the said Company.
23rd March 2004 this day of
ZURICH AMERICAN INSURANCE COMPANY One Liberty Plaza, [30th Floor], New York, New York, 10006
POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the ZURICH AMERICAN INSURANCE COMPANY, a corporation created by and existing under the laws of the State of New York with its Executive Offices located in Schaumburg, Illinois, does hereby nominate, constitute and
appoint Leigh MCDONOUGH, of Costa Mesa, California, its true and lawful Attorney-In-Fact with power and authority hereby conferred
to sign. seal, and execute in its behalf, during the period beginning with the date of issuance of this power, Any and all bonds, undertakings,
recognizances or other written obligations in the nature thereof, and to bind ZURICH AMERICAN INSURANCE COMPANY thereby, and all of the acts of said Attomey[s]-in-Fact pursuant to these presents are hereby ratified and confirmed. This Power of Attorney is made and
executed pursuant to and by the authority of the following By-Law duly adopted by the Board of Directors of the Company which By-Law has
not been amended or rescinded. Article VI, Section 5. "...The President or a Vice President in a written instrument attested by a Secretary or an Assistant Secretary may
appoint any person Attorney-In-Fact with authority to execute surety bonds on behalf of the Company and other formal underwriting
contracts in reference thereto and reinsurance agreements relating to individual polices and bonds of all kinds and attach the corporate seal. Any such oficers may revoke the powers granted to any Attorney-In-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY by unanimous consent in lieu of a special meeting dated December 15,
1998
" RESOLVED, that the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile on any Power of Attorney pursuant to Article VI, Section 5 of the By-Laws, and the signature of a Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any
certificate of any such power. Any such power or any certificate thereof with such facsimile signature and seal shall be valid and
binding on the Company. Furthermore, such power so executed, sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding on the Company."
IN WITNESS WHEREOF, the ZURICH AMERICAN INSURANCE COMPANY has caused these presents to be executed in its name and on
its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto duly authorized, this 27th day of September, A.D.
2001.
WAWING: This Power of Attorney is printed on paper that deters unauthorized copying or faxing. ,,,.*b* **I# ,8,";ie-.--..-.-. rwp*+
='si* b=<Tn- ;.xi -.- :05 Df' io5
e., 0 .
%,2,***
ZURICH AMERICAN INSURANCE COMPANY *~.,..;*wQ4;%&
g&-..." .... mdd hJ 1w2.ep$ STATE OF MARYLAND ss: By: ..- =L??..
b,.&*"COUNTY OF BALTIMORE ] T. E. Smith Secretaty M. P. Hammond Vice President 04
On the 27th day of September, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland and County of Baltimore, duly
Notary Public commissioned and qualified, came the above named Vice President and Secretary of ZURICH AMERICAN INSURANCE
COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument and they each acknowledged the execution of the same and being by me duly sworn, they severally and each for himself deposed and said that they
respectively hold the offices in said Corporation as indicated, that the Seal affixed to the preceding instrument is the Corporate Seal of said
Corporation, and that the said Corporate Seal, and their respective signature as such officers, were duly affixed and subscribed to the said instrument pursuant to all due corporate authorization.
M WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above.
I
Notav Public My Commission Expires: August I, 2004
This Power of Attorney limits the acts of those named therein to the bonds and undertaking specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
CERTIFICATE I, the undersigned, a Secretary of the ZURICH AMERICAN INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect, and further certify that Article VI, Section 5 of the By-Laws of the Company and the Resolution of the
Board of Directors set forth in said Power of Attorney are still in force.
IN TESTIMONY WHEREOF I have hereto subscribed my name and affixed the seal of said Company
23rd March 2004 rc
the day of
T. E. Smith Secretmy
POA-Z ZA 012-50251 Serial Number: CF2001 SeptembeR7ZA 01 2-50251
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
Part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$-waived-. This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned
remium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 90%. In the event the United States government participates in
losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
. -- oremium in the prior year; for 2003,7% of direct earned premium in the prior year; for 2004, 10% of direct earned
Defmition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
1.
2.
3.
4.
to be an act of terrorism;
to be a violent act or an act that is dangerous to human life, property or infrastructure;
to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
-. These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is
1635 Faraday Avenue, Carlsbad, California, 92008-7314, hereinafter called "City" and
FCI CONSTRUCTORS INC. whose address is
2585 BUSINESS PA RK DRIVE VISTA,CA 92083 hereinafter called
"Contractofand 11s RANCORP PIPER JA FFRAY whose address is
ONE CAPITOL MALL SUITE 800 SACRAMENTO CA 95814 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 Rancho Santa Fe Road North, Phase 2, Contract No. 3907 in the amount of
Alternatively, on written request of the contractor, the Ci 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 notii 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 $lOO,OOO per contract. The
market value of the securities at the time of the substitution shall be at 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 CTTY OF CART,SBAD , and
shall designate the Contractor as the beneficial owner.
13 787.51 1 -00 dated 3 / 7 4 / 7 004 (hereinafter referred to as the "Contract").
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 Ci, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon
seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall I
-0 b 7/31/02 Contract No. 3907 Page 82 of 414
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.
c -
IO. The names of the persons who are authorized to give written notices or to receive written notice on
behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their
respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Signature ' Lt
For Contractor:
For Escrow Agent:
Address1635 FARADAY AVF. CAR1 SBAD C A 92008
Title President
N
S
v Address 2585 Business Park Dr., Vista, CA 92081-8831
Title G;~md J cb~50/&% f-
Name yuem 31m1.e~~
Signature
-
Address one &w ,$,C MuLl: 5k. bnn Srtt\rcL.Cr?<nb CA. !f 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.
7/31/02 Contract No. 3907 Page 83 of 414
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:
92008
Title Vice President
Name James J2 Keep
Vista, CA 92081-8831
@ 7/31/02 Contract No. 3907 Page 84 of 414
__
FRONT
CONTRACTOR'S SIGNANRE
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
SUBCONTRACTINGREQUEST
DC-CEM-1201 (REV. 4/94) (OLD HC-45) CT# 7541-3514-7
DATE
-- See Instructions
On Back
NOTE:
1.
2.
3. 4. 5.
6.
7. 8.
9.
This section is to be completed by the Resident Engineer
Total of bid items ................................................................................................................................. $
Specialty items (previously requested) ..................................................... $ Specialty items (this request) .................................................................... $
Total (lines 2+3) ........................................................................................ $
Bid items previously subcontracted .......................................................... $
Bid items subcontracted ( this request) .................................................... $
Total (lines 6+7) ........................................................................................ $
Contractor must perform with own forces (lines 1 minus 4) x % ...................................... fi
Balance of work Contractor to perform (lines 1 minus 8) .......................... $ $
CEM-1201 (HC-46 REV. 4194) COPY DISTRIBUTION: 1. Original - Contractor 2. Copy - local agency Resident Englneer
3. Copy - local agency Labor Compliance Officer 4. Contractor's Information Copy
@ 7/31/02 Contract No. 3907 Page 85 of 414
FORM CEM-3101 (Old HC-3qREV3-81)
CONTRACT KIND OF MATERIAL NAME AND ADDRESS WHERE
ITEM NO. MATERIAL CAN BE INSPECTED .
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NOTICE OF MATERIALS TO BE USED
,-
To:
Resident Engineer
Date: 19
You are hereby notified that materials required for use under Contract No.
for construction
of
-
in Dist. I I ,
co. Rte. P.M.
will be obtained from sources herein designated.
-..
It is requested that you arrange for sampling, testing and inspection of materials prior to delivery in accordance with Section 6 of the Standard Specifications where the same is practicable and in accord with your policy. It is understood that source inspection does not relieve me of the full responsibility for incorporating in the work
materials that comply in all respects with the contract plans and specifications, nor does it preclude the
subsequent rejection of materials found to be unsuitable.
Distribution:
Whb Office of Materlals Engineering 8 Testing Services 5900 Folsom Blvd. Sacramento, California 9581 9
Yellow Resident Engineer
Yours truly,
Address
Green Contractor's File
@ 7/31/02 Contract No. 3907 Page 86 of 414
Blue DlsMct Phone No. ( 1- -
e 7/31/02 Contract No. 3907 Page 87 of 414
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION NOTICE OF MATERIALS TO BE USED
DCCEM-3101 (OLD HC30 REV. 10/92) 7541-3511-1
_-
INSTRUCTIONS TO CONTRACTOR
Section 6 of the Standard Specifications states that, "Promptly after the approval of the
Contract, the Contractor shall notify the Engineer of the proposed sources of supply of all
materials to be furnished by him, using a form which will be supplied by the Engineer upon
request."
In order to avoid delay in approval of materials, the Department of Transportation must
receive notice as soon as possible.
Please comply with the following as closely as possible:
The Contract number and job limits should be the same as appears on the Special
Provisions.
The column headed "Contract Item No." should show all the item numbers for which the - material is to be used.
The column headed "Material Type" should be a description of the material and not
necessarily the name of the contract item.
The column headed "Name and Address of Inspection Site" should be that of the actual
source of supply and not subcontractor or jobber.
If the sources of all materials are not known at the beginning of a Contract, report those
known. Supplemental "Notices of Materials to Be Used" should be submitted for the others as
soon as possible thereafter. Do not delay submitting the original notice until all information is
known.
All changes in kinds and/or sources of materials to be used should be reported on
supplemental "Notices of Materials to Be Used" immediately.
Retain your copy and mail all other copies to the Resident Engineer
Note: When placing orders for materials that required inspection prior to shipment, be sure to
indicate on your order that State inspection is required.
,- CEM-3101 (OLD HC-30 REV 10/92)
a 7/31/02 Contract No. 3907 Page 88 of 414
STATE OF CALIFORNIA BOILERPLATES - See attached Sheets -
The following sections of this document, (BP-O through BP-28) apply specifically to the work and
materials included in Bid Schedule 'D".
e 5/10/00 Contract No. 3907 Page 89 of 414
TABLE OF CONTENTS
BOILERPLATE (BP) CONTENTS
Section
Number - Title
1 State Wage Rate Clause
2 Labor Code Section 1776; Complete Payroll Records; Cehified and Available
3
4
Labor Code Section 1777.5; Employment of Properly Registered Apprentices
Labor Code Section 1810 Definition: A Legal Day's Work
5 Labor Code Section 1813; Penalty For Overtime On Any Public Work Contract
6 Labor Code Section 1815; Minimum Overtime Pay
7 Labor Code Section 1860, Contract Provision
8 Labor Code Section 1861; Contractor Certification to Labor Code Section 3700
9 Cultural Resources Protection -
10 State MBUWBE Provisions; includes Attachment A and Attachment B
MUST BE SUBMITTED WITH BID TO BE RESPONSIVE
11 The Subletting and Subcontracting Fair Practices Act
12 Equal Opportunity Clause (40 CFR 60-8.4(b))
13 Nondiscrimination Clause
14 Construction Contractors - Affirmative Action Requirements (41 CFR 60-4)
15 Elimination of Segregated Facilities
16 Certification of Non-Segregated Facilities
17 Drug-Free Workplace Certification
18 Use of Debarred Contractors Prohibited
19 Responsibility for Removal, Relocation, or Protection of Existing Utilities
(Government Code Section 42 15)
20 Submitting of Bids and Agreeing to Assign (Government Code Section 4552)
21 Non-Collusion Affidavit (Public Contracts Code Section 7 106)
TO BE NOTARIZED AND SUBMITTED WITH THE BID
Affirmative Action and Equal Employment Opportunity minority participation table
&e
BP -1
BP -1
BP -2
BP -4
BP -4
BP -4
BP -4
BP -4
BP -4
BP -6
BP -13
BP -13
BP -14
BP -15
BP -19
BP -20
BP -21
BP -22
BP -24
BP -24
BP -25
BP -26
BP-O
March 17,2000
L
BOILERPLATE
The successful bidder intending to use a craft or classification not shown on the prevailing rate determinations may
be required to pay the rate of the craft or classification most closely related to it.
2 - LABOR CODE SECTION 1776
COMPLETE PAYROLL RECORDS; CERTIFIED AND AVAILABLE
(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security
number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman. apprentice, worker, or other employee employed by him or her in connection with the
public work. - . .. ._ >:.-. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all
reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards
Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the
public for inspection or for copies thereof. However, a request by the public shall be made through either the body
awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If
the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to
being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through
which the request was made. The public shall not be given access to the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall
contain the same information as the forms provided by the division.
(d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that
requested the records within 10 days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public
agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards
Enforcement shall be marked or obliterated in a manner so as to prevent disclosure of an individual's name, address.
and social security number. The name and address of the contractor awarded the contract or performing the contract
shall not be marked or obliterated.
-
BP-1
March 17, 2000
(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under
subdivision (a). including the street address. city and county, and shall. within five working days. provide a notice ofa
change of location and address. -
(,e) The contractor shall have IO days in which to comply subsequent to receipt of written notice specifying in what
respects the contractor musl comply with this section. In the event that the contractor fails to comply within the 10-
day period. he or she shall. as a pcnalty to the state or political subdivision on whose behalf the contract is made or
awarded. forfeit twenty-five dollars (S25) for each calendar day. or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement. these penalties shall be withheld from progress payments then due.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
These stipulations shall fix the responsibility for compliance with this section on the prime contractor.
(i) The director shall adopt rules consistent with the California Public Records Act. (Chapter 3.5 (commencing with
Section 6250). Division 7, Title I. Government Code) and the Information Practices Act of 1977. (Title 1.8
(commencing with Section 1798). Part 4. Division 3. Civil Code) governing the release of these records. including the
establishment of reasonable fees to be charged for reproducing copies of records required by this section.
3- LABOR CODE SECTION 1777.5
EMPLOYMENT OF PROPERLY REGISTERED APPRENTICES
Nothing in this chapter shall prevent the tmploynient of properly registered apprentices upon public works.
Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at
which he or she is employed. and shall be employed only at the work of the craft or trade to which he or she is
registered.
Only apprentices. as defined in Section 3077. who are in training under apprenticeship standards and written
apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3. are eligible to be employed on
public works. The employment and training ofeach apprentice shall be in accordance with the apprenticeship
standards and apprentice agreements under which he or she is training.
-
When the Contractor to whom the contract is awarded by the state or any political subdivision. or any subcontractor
under him or her, in performing any of the work under the contract or subcontnct. employs workers in any
apprenticeable craft or trade. the contractor and subcontractor shall apply to the joint apprenticeship committee
administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate
approving the contractor or subcontractor under the apprenticeship standards for the employment and training of
apprentices in the area or industry affected. However. approval as established by the joint apprenticeship committee of
committees shall be subject to the approval of the Administrator of Apprenticeship. The joint apprenticeship ':
committee or committees. subsequent to approving the subject contractor or subcontractor, shall arrange for the
dispatch of apprentices to the contractor or subcontractor in order to comply with this section. Every contractor and
subcontractor shall submit contract award information to the applicable joint apprenticeship committee which shall
include an estimate ofjourneyman hours tu be performed under the contract, the number of apprentices to be
employed. and the approximate dates the apprentices will be employed. There shall be an affirmative duty upon the
joint apprenticeship committee or committees administering the apprenticeship standards of the craft or trade in the
area of the site of the public work to ensure equal employment and affirmative action in apprenticeship for women and
minorities. Contractors or subcontractors shall not be requircd to submit individual applications for approval to local
joint apprenticeship committees provided !hey are already covered by the local apprenticeship standards. The ratio of
uork performed by apprentices to journeymen who shall be employed in the craft or tride on the public work may be
the ratio stipulated in the apprenticeship standards under which the joint apprenticeship committee operates. but. except
as olherwise provided in this section, in no case shall the ratio be less than one hour ofapprentices work for every five
hours of labor performed by a journeyman. However. the minimum ratio for the land surveyor classification shall not
be less than one apprentice for each five journeymen .
Any ratio shall apply during any day or portion of a day *hen my journeyman. or the higher standard stipulated by
the joint apprenticeship committee. is employed st the job site and shall be computed on the basis of the hours worked
during the day by journeymen 50 employed. except for the land surveyor classification. The contractor shall employ
apprentices for the number of hours computed as above before the end of the contract. tlowrvcr. the contractor shall
-
BP-2
March 17. 2000
endeavor. to the greatest extent possible. to eniploy apprentices during the same time period that the journeymen in the
same crafi or trade are employed at the job site. Where an hourly apprenticeship ratio is not feasible for a particular
craft or trade. the Div ision of Apprenticeship Standards. upon application of a joint apprenticeship cornminee. may
order ;I minimum ntio of not less than one apprentice for each five journeyinen in a craft or trade classification. ._
The contractor or subcontractor. if he or she is covered by this section. tipon the issuance of the approval ccrtifiate, w
if he or she has been previously approved in the crdi or trade, shall employ the number of apprentices or the ratio of
apprentices to journeymen stipulated in the apprenticeship standards. Upon proper showing by the contractor that he or
she employs apprentices in the crafi or trade in the state on all of his or her contracts on an annual average of not less
than one hour ofapprentice work for every five hours of labor performed by a journeyman, or in the land surveyor
classification, one apprentice for each five journeymen. the Division of Apprenticeship Standards may grant a
certificate exempting the contractor from the I-to-S hourly ratio as set forth in this section. This section shall not apply
to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or
prime contractor, when the contracts of general contractors or those specialty contnctom involve less than thirty
thousand dollars (S30.000) or 20 working days . Any work performed by a journeyman in excess of eight hours per
day or 40 hours per week. shall not be used to calculate the hourly ratio repired by this section.
"Apprenticeable craft or trade," as used in this section. means a craft or trade determined as an apprenticeable
occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint
apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the
Administrator of Apprenticeship. exempting a contractor from the 1-10-5 ratio set forth in this section when it finds that
any one of the following conditions is met:
(a) Unemployment for the previous three-month period in the area exceeds an average of I5 percent,
Ih) The number of apprentices in training in such area exceeds a ratio of I to 5 .
(c) There is a showing that the apprenticeable craft or tradc is replacing at least one-thirtieth of its journeymen
annually through apprenticeship training, either on a statewide basis, or on a local basis.
... .
.:.a .. - -.. . .. I .- ..,
'- ...$ (d) Assignment of an apprentice to any work performed under a public works contnct would create a condition
which would jeopardize his or her life or the life. safety. or property of fellow employees or the public at large or if the
specific task to which the apprentice is to be assigned is of such a nature that training cantiol be provided by a
journeyman.
When exemptions are granted to an organization which represents contractors in a specific trade from the 140-5 ratio
on a local or statewide basis the member contrscton will not be required to submit individual applications for approval
to local joint apprenticeship committees. if they are already covered by the local apprenticeship standards.
A contractor to whom the contract is awarded, or any subcontractor under him or her. who, in performing any of the,
work under the contract, employs journeymen or apprcntices in any apprenticeable crafl or trade and who is not
contributing to a hnd or funds to administer and conduct the apprenticeship program in my cnft or trade in the area of
the site of the public work. to which fund or hiids other contracturs in the area of the site of the public work an
contributing. shall contribute to the fund or funds in each craft or trade in which he or she employs journeymen or
apprentices on the public work in the same amount or upon the same basis and in the same manner as the other
contractors do, but where the trust fund administrators art: unable to accept the funds, contractors not signatory to the
trust agreement shall pay a like amount to the California Apprenticeship Council. The contractor or subcontractor may
add the amount of the contributions in computing his or her bid for the contract. The Division of Labor Standards
Enforcement is authorized to enforce the payment of the contributions tu the fund or funds as set forth in Section 227.
The body awarding the contract shall cause to be inserted in the contract stipulations to evfectuate this section. The
stipulations shall fix the responsibility of compliance Nith this section for all apprenticeable occupations with the prime
contractor.
All decisions of the joint apprenticeship committee under this section are subject to Section 308 I.
BP-3
March 17, 2000
4 - LABOR CODE SECTION I8 IO
DEFINITION: A LEGAL DAY'S WORK -
Eight hours labor constitutes a legal day's work in ;ill cases where the same is performed under the authority ofany
law of this State. or under the direction. or control. or by the authority ofany officer of this State acting in his official
capacity. or under the direction. or control or by the authority ofany municipal corporation. or of any officer thereof. A
stipulation to that etTect shall be made a part ofall contracts to which the State or any municipal corporation therein is a
party.
5 - LABOR CODE SECTION I8 I3
PENALTY FOR OVERTIME ON ANY PUBLIC WORK CONTRACT
The contractor shall, as a penalty to the State or political subdikision on whose behalf the contract is made or awarded,
forfeit twenty-five dollars ($25) for each workman employed in the execution of the contract by the contractor or by
any subcontractor for each calendar day during which such workman is riquired or permitted to Hork more than 8
hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In
awarding any contract for public work, the awarding body shall cause to be inserted therein a stipulation to this effect.
The awarding body shall lake cognizance of all violations of this article committed in the course of the execution of the
contract. and shall report them to the officer of the State or political subdivision who is authorized to pay the contractor
money due him under the contract.
h - LABOR CODE SECT ION I8 I5
MMIMUM OVERTIME PAY
Notwithstanding the provisions of Sections 18 10 to I8 14, inclusive. of this code, and notwithstanding any stipulation
inserted in any contract pursuant to the requirements of said sections. work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week. shall be permitted upon public work upon compensation
for all hours worked in excess of 8 hours per day at not less than one and one-half ( I .5) times the basic rate of pay. I
7- LABOR CODE SECTION 1860
CONTRACT PROVISION
The awarding body shall cause to be inserted in every public works contract a clause providing that. in accordance
with the provisions of Section 3700 of the Labor Code. every contractor will be required to secure the payment of
compensation to his employees,
X - LABOR CODE SECTION 186 I
CONTRACTOR CERTIFICATION TO LABOR CODE SECTION 3700
Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following
certification prior to performing [he work of the contnct: "I am aware of thc provisions of Section 3700 of the Labor
Code which require every employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.''
9 - CULTURAL RESOURCES
c
In accordance with the National Historic Presercation Act of 1Y66, (16 U.S.C. 470). the following procedures are
implemented to insure historic preservation and fair compensation to the Contractor for delays attendant to cultural
resourcr's investigations.
In the event potential Historical. Architectural. Archeolopical, or Cultural Resources (herein after cultural
resources) are discovered during subsurface excavations at the site of construction, the following procedures shall be
instituted:
I1
at the location of such potential cultural resources linil.
The Engineer shall issue a "Stop Work Order" directing the Contractor to cease all construction operations
BP-1
March I7.2000
2) Such "Stop Work Order" shall be effective until such time 3s a qualified archeologist can be called to
asses) tht value of these potential cultural resources and make recommendations to the State Water Resources
Control Board Cultural Resources Officer. Any "Stop Work Order" shall contain the following:
a)
b)
C)
dl e)
I
A clear description of the work to be suspended;
Any instructions regarding issuance of further orders by the Contractor for material services;
Guidance as the action to be taken on subcontracts;
Any suggestions to the Contractor as to minimization of his costs:
Estimated duration of the temporary suspension.
If the archeologist determines that the potential find is a bonafide cultural resource. at the direction of the State
Water Resources Control Board Cultural Resources Officer, the Engineer shall extend the duration of the "Stop
Work Order" in writing, and the Contractor shall suspend work at the location of the find.
Equitable adjustment of the construction contract shall be made in the fpllowing manner:
1) Time Extension
If the work temporarily suspended is on the "critical path". the total number of days for which the suspension is in
effect shall be added to the number of allowable contract days.
If 3 portion of work at the time of such suspension is not on the "critical path, bur subsequently becomes work on
the critical path, the allowable contract time will be computed from the date such work is classified as on the critical
path.
2) Additional ComDensation
If, as a result of a suspension of the work, the Contractor sustains a loss which could not have been avoided by his
contract. there shall be paid to the Contractor an amount as determined by the Engineer to be fair and reasonable
compensation for the Contractor's actual loss in accordance with the following:
judicious handling of forces, and equipment, or redirection of forces or equipment to perform other work on the I.. .. .I
a) Idle Time of Eauiument
Compensation for equipment idle time will be determined on a force account (time and materials) basis, and shall
include the cost of extra moving of equipment and rental loss. The right-of-way delay factor for each classification
of equipment shown in the California Department of Transportation publication entitled, Eauimnent Rental Rates
and the General Pretailinr Waee Rates, will be applied 10 any equipment rental rates.
b) Idle Time of Labor
Compensation for idle time of workers will be determined hy the Engineer as "Labor" less any actual productivity
factor of this portion of the work force.
e
Cl Increased Costs of Labor and Materials
Increased costs of labor and materials will be compensated only to the extent such increase \vas in fact caused by the
suspension. 3s determined by the En,' oineer.
Compensation for actual loss due to idle time of either equipment or labor shall not include markup for profit.
The hours for which compensation will be paid will be the actual normal aorking time during which such delay
condition exists. but will in no case exceed eighl hours in any one day.
I
The days for which compensation Hill be paid shall be full or partial calendar days. excluding Saturdays. Sundays,
and legal holidays. durinp the existence of such delav.
BP-5
March I 7, ZOO0
IO - STATE MBE:WBE PROVISIONS
CONTRACT PROVISIONS OF THE
STATE WATER RESOURCES CONTROL BOARD (SWRCB)
DIVISION OF CLEAN WATER PROGRAMS
RELATIVE TO THE UTILIZATION OF
MINORITY BUSINESS ENTERPRISE (MBE) AND
WOMEN BUSINESS ENTERPRISE (WBE)
ON CLEAN WATER PROGRAM CONSTRUCTION CONTRACTS IN CALIFORNIA
This document and attachments shall be included by the owner as a contract provision for all construction contracts
exceeding S I O.OO0.
Compliance with the requirements of this document and attachments satisfies the MBElWBE requirements of the U.
S. Environmental Protection Agency and the SWRCB. This document supersedes any conflicting requirements.
Failure to take the five (5) affirmative steps listed under Requirements. Section A, prior to bid opening and to submit
"Minority Business EnterpriselWomen Business Enterprise Information" (Attachment B) with the bid shall cause
the bid to be rejected as a non-responsive bid.
DEFfNfTIONS
BONA FIDE MlNORlTY BUSlNESS ENTERPRISE (MBE) MEANS:
An MBE that has submitted a "Minority Business Enterprise/Women Business Enterprise Self Certification"
(Attachment A) to. and been accepted as, a bona fide MBE by the owner. In addition, the following requirements
apply:
I. An independent business concern which is at least 5 Io/p owned and controlled by minority group
rnember(s) (see definition of Minority Group Member). Ownership and control can be measured by:
a. Responsibility for performance of contract work.
b. Management responsibility.
c. At least 5 I % share of profits and risk.
d. Other data (such as voting rights) that may be related to ownership and.or control.
2. In cases where a firm is owned and controlled by a minority woman or women, the percentage may be
credited towards MBE participation or as WRE participa,.on. or allocated. but may not be credited fully
to both.
BONA FlDE WOMEN BUSINESS ENTERPRISE (WBE) MEANS:
A WBE that has submitted Attachment A to, and been accepted as, a bona fide WBE by the owner. In addition. the
following requirements apply:
I. An independent business which is at least 5 1% owned by a woman or women who also control and
operate it.
3. Ownership. Determination of whether a business is at least 51% owned by a woman or women shall
be made without regard to community property laws. For example. an otherwise qualified WBE
which is 5 I% owned by a married woman in a community property state will not be disqualified
because her husband has a SO?" interest in her share.
Similarly, a business which is 5 lob owned by a married man and 49O'" by an unmarried \soman *ill
not become a qualified WBE by virtue of his uife's 50% interest in his share of the business.
BP-6
March 17, 2000
b. Control and operation. "Cdntrol" means exercising the power to make policy decisions and "operate"
means being actively involved in the day-to-day management of the business.
*- JOINT VENTURE [JV) %
A business enterprise formed by a combination of firms under a JV agreement. To qualify as a ~OM fide
MBE:WBE, the minority-owned/woman or women owned and controlled firms in the JV must:
I. Satisfy all requirements for bona fide MBElWBE participation in their own rights.
In cases where a minority woman or women-owned firm participates in a JV, the percentage may be
credited towards MBE participation or as WBE participation. or allocated. but may not be credited hlly
to both.
2. Share a clearly defined percentage of the ownership. management responsibilities, risks, and profits of
the JV. Only this percentage will be credited towards the McBf3WBE goal.
MINORITY GROUP MEMBERS
A minority group member is an individual who is a citizen of the United States and one of the following:
I. Native Americans consist of American Indian. Eskimo, Aleut, and native Hawaiian.
2. Black Americans consist of U.S. citizens. other than Hispanic. having origins in any of the black racial
groups of Africa.
3, Asian Pacific Americans consist 0fU.S. citizens having origins in any of the original peoples of the Far
East, Southeast Asia. and the Indian subcontinent. This area includes, for example, China, Japan,
Korea. the Philippines. Vietnam, Samoa, Guam, the US. Trust Territories of the Pacific. Northern
Marianas. Laos. Cambodia. and Taiwan. The Indian subcontinent takes in the countries of India,
Pakistan. Bangladesh. Sri Lanka, Sikkim. and Bhutan.
.,-. . .. .: :-:,
.,.; . . ,. . - ..
4. Hispanic Americans consist of I!.S. citizens with origins from Puerto Rico. Mexico, Cuba. or South or
Central America. Only those persons from Central and South American countries who are of Spanish
origin, descent. or culture should be included in this category. Persons from Brazil. Guyana, Surinam or
Trinidad, for example. would be classified according to their race and would not necessarily be included
in the Hispanic category. In addition. this category does not include persons from Portugal. who should
be classified according to race.
BROKERAGE MEANS
Buying and selling for others on commission of other fee basis without maintaining a warehouse or other similar
inventory storage facilities (supplier and wholesale arrangements may also fall into this business enterprise
category).
CONSTRUCTION MEAh'S
Erection, building. alteration. remodeling, improvement or extension of buildings. structures, or other property.
REOUl REMENTS
A. Positive Effort Documentation
The bidder must take affirmative steps prior to bid opening to assure that MBEs and WBEs are used
wheneber possible as sources of supplies, construction and services. Failure to take such stem prior to bid
owning and to submit Attachment B with rhr bid shall cause the bid to be rejected as non-resDonsive.
Affirmative steps shall be as follows:
1. Including qualified MBEs and WBEs on solicitation list&.
BP-7
March 17,2000
The bidder must document tht it requested assistance from the Small Business Administration @ the
Office of Minority Business Enterprise MBEIWBE assistance centers and that this request for assistance
was received by the MBL‘WBE assistance centers at least five (5) working days prior to the need for
referrals (see affirmative step no. 5).
2. Assure that MBEs and WBEs are solicited whenever they are potential sources.
The bidder must document that it has provided invitations lo MBEIWBE bidders at least seven (7)
working days prior to the need of a bid response.
The bidder must document that invitations were sent to a? least three (3) (or all if less than three)
MBEiWBE contmctorslsuppliers for each item of work referred by the MBElWBE assistance centerts).
The invitations must adequately specify the item( s) for which sub-bids were requested. The
documentation of the bidder’s effort to show positive efforts must indicate a real desire for a positive
response; Le.. certified letter with return receipt requested or telephone call documentation. A regular
letter or an unanmered telephone call is not adequate positcve effort.
The bidder must submit to the owner documentation consisting of a list of all sub-bidders for each item
of work that MBEs or WBEs were solicited including dollar amounts for both MBEIWBE and
non-MBE/WBE sub-bidders.
3. Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum
participation of MBEs and WBEs.
A bidder must document that it gave consideration to dividing the contract into small proprietary
portions (paving. electrical. landscaping, etc.). If this was not done, documentation must be subniitted
explaining why it could not be done.
4. Establish delivery schedules. where the requirements of the work permit, which will encourage
participation by MBEs and WBEs.
The bidder must document that it gave consideration to establishing a project schedule which would
allow MBEs and WBEs to bid the work as subcontractors or suppliers. If this is not done, document
reasons why the project schedule, or portions thereof, cannot be modified so as to accommodate
interested MBEs and WBEs.
5. Use of the services and assistance of the Small Business Administration and the Office of Minority
Business Enterprise of the U. S. Department of Commerce, as appropriate.
The bidder milst present documentation that contact was made with both of the offices listed below.
Their services are provided at no cost to the bidder. Do not write. The internet web site contains local
SBA and MBDA centers. The local center may provide the bidder with a listing of MBE;WBE firms. If
a list was not provided, bidder must explain why it was not and describe what MBEIWBE solicitation list
was used.
*e*
Small Business Administration:
<http:fh ww.sba.gov>
Office of Minority Business
Enterprise: Regional Office
US. Dept. of Commerce
<http:,’;www.mbda.govz
Government Contracting Office
455 Market Street. Suite 600
San Francisco, CA 94 105
Telephone: (4 15) 744-8429
Minority Business Development
Agency (MBDA)
San Francisco, CA 94 105
Telephone: (415) 743-3001
In addition. the bidder is encouraged to procure supplie> and senices from labor surplus area firms.
March 17, ZOO0
BP-8
B. Other Reauiremrnts
I. The apparent successful low bidder must submit documentation showing that, prior to bid opening. all
required positive efforts were made. This documentation must be received by the owner within ten ( IO)
working days following bid opening (except Attachment B which is to be submitted with the bid).
Failure to submit Attachment B with the bid will cause the bid to be reiected as non-reswnsive.
2. If the apparent successful low bidder has rejected or considered as non-responsible and/or non-
responsive any low MBE or WBE sub-bidder. a complete explanation must be provided to the owner.
3. Each MBEIWBE firm to be utilized must complete the Attachment A. which is to be with the
documentation submitted to the owner by the apparent successful low bidder.
4. If additional MBE!WBE subcontracts become necessary after the award of the prime contract,
Attachment B must be provided to the owner by the Prime Contractor within ten ( IO) working days
following the award of each new subcontract.
5. Any deviation from the information contained in Attachment B shall not result in a reduction of
MBE/WBE participation without prior approval of the owner.
6. When brokerage type arrangements are utilized. only the amount of commission or fee will be eligible
for MBEWBE consideration.
7. Failure of the apparent low bidder to perform the five affirmative steps prior to bid opening and/or to
submit Attachment B with its bid will lead to its bid being declared non-responsive by the owner. The
owner may then award the contract to the next low responsive. responsible bidder meeting the
requirements of these contract provisions. The owner also may rebid the contract.
_- C. State's "Fair Share" Objectives
The SWRCB has established the following fair share objectives for this construction contract:
20 YO of the total bid dollar amount of this contract for MBE.
10 96 of the total bid dollar amount of this contract for WBE.
(The owner may contact the SWRCB. Division ofclean Water Programs, Design Review Unit at
(9 16) 117-1588 for questions on the stale's fair share objectives.) F
D. Local Reeional Obiectivcs
The owner may have established locab regional objectives and those requirements may be attached if appropriate.
BP-9
March 17.2000
.... .
ATTACHMENT A
MINORITY BUSINESS ENTERPRISE/WOMEN’S BUSINESS ENTERPRISE
( M BE/ w B E I
SELF CERTIFICATION
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF CLEAN WATER PROGRAMS
Firm Name: Phone:
Address:
Principal Service or Product:
- MBE - WBE
- Prime Contractor - Supplier of Material/Service
- Subcontractor - Broker
r 1
~ ~ ~______ ~-
- Sole Ownership - Corporation
- Partnership - Joint Venture
I 1 ____ ~~
Names of Owners Percent MBE- WBE
Ownership Ethnic
Identity ’
I.
Additional proofs may be required upon written challenge of this certification by any person or agency.
Falsification of this certification by a firm selected to perform Federally firnded work may result in a
determination that the firm is non-responsible and ineligible for future contracts.
Certi tied Title:
by:
Name: Date:
(Signature)
.- ’ Refer to definitions on the next page.
BP- IO
March 17, 2000
-DEFINITIOKS-
- %1ISOWITY BllSlNESS ENTERPRISEIWOMEN’S BUSINESS EWTERPRISE (MBEWBE)
An MBE or WBE is a business which is at least 5 I percent owned and controlled by minority group members or by
wonian or Nomen. Owners must exercise actual day-to-day management.
MliuORITY GROUP MEMBERS
(a) American Indians
Persons having origins in any of the original peoples of North America. To qualify in this group, a person
must be a citizen of the United States and meet one or more of the following:
( I) Be at least one-fourth Indian descent (as evidenced by registration with the Bureau of Indian
Affairs).
Characteristic Indian appearance and features. (2)
(3) Characteristic Indian name.
(4)
(5)
Recognition in the community as an Indian.
Membership in a tribe. band or group of American Indians (recognized by the Federal
Government). as evidenced by a tribal enrollmeid number or similar indication.
Black Americans
U.S. citizens. other than Hispanic, having origins in any of the black racial groups of Africa.
Asian Americans
U.S. citizens having origins in any of the original peoples of the Far East, Southern Asia, the Indian
subcontinent or the Pacific Islands. This area includes, for example. China, Japan, Korea, the Philippine
Islands and Samoa. The Indian subcontinent takes in the countries of India. Pakistan. Bangladesh, Sri
Lanka. Nepal, Sikkim, and Bhutan.
Hispanic Americans
U.S. citizens of Mexican. Puerto Rican. Cuban. or other Spanish culture or origin. regardless of race. Only
those persons from Central and South American couiitries who are of Spantsh origin, descent. or culture
should be included in this category. Persons from Brazil, Guyana, Surinam or Trinidad, for example,
would be classified according to their race and would not necessarily be included in the Hispanic category.
In addition. the category does not include persons from Portugal. u ho should be classified according to
race.
#
, . .:, . . -7 - .* I. , .-. . . ...- .. . .- .
American Eskimos and American Aleuts
BP-I I
March 17, 2000
LOAN RECIPIENTS N4MC
.-
I'ONTRACT NO OR SPECIFICATION NO
PROIECT DEW RIPTION PROJECT LOCATION
I MBE WBE I NAME AND ADDRkSS (Incltdc ZIPCude. DOB. & SSN]
NAMF AND ADDRFSS ~lncludc ZIP tude. DOB. Clr SSNi
PHONE
I SUPPLIEWSERVICE I JOINT VENTURE I BROKER
SUBCONTRACTOR
MBE WE
AMOUNT OF CONTRACT
~
AMOUNT OF CONTRACT PHONE
WORKTO BE PERFORMED
SUBCONTRACTOR SUPPLIER'SERVICE
JOINT VENTURE BROKER
I AMOUNT OF CONTRACT PHONE
MBE WE
MBE WRE
SUBCONTKACTOR SIJPPLIER/SERVICE
JOINT VENTURE BROKER
AMOUNT OF CONTRA( T
NAME AND ADDRESS (Ii~Iudc ZIP Cuk DOB. Jr SSN)
PllONt
I SUPPLIER'SERVICE
BROKER
~~ ~~
SUBCONTRACTOR
JOINT VENTURE
AklOClNT OF CONTRACT PHONE
WORK TO Bt PtRFORMED
TOTAL MBE AMOUNT: S TOTAL WBE AMOUNT: S
Y"
?'O
ACTUAL MBE PARTICIPATION: VO ACTUAL WBE PARTICIPATION: -
MBE GOAL: Vo WBE GOAL: -
SIGNATURE OF PERSON
COMPLETING FORLI:
TITLE: PHONE: DATE:
FIIRV J71lI-8 11.b 1 .*I
March 17.2000
BP-12
I1 - THE SIIBLETTING AND SUBCONTRACTING FAIR PRACTICES ACJ
Any person inaking a bid or offer to perfonn a contract shall, in his or her bid or offer, set forth the following:
I) The name and the location of the place of business of each subcontractor who will perform work or labor 0~
render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor
licensed by the State of California who, under subcontract to the prime contractor. specially fabricates and installs a
portion of the work or iniprovement according to detailed drdwings contained in the plans and specifications. in an
amount in excess of one-half of I percent of the prime contractor's total bid or in the case of bids or offers for the
construction of streets or highways. including bridges in excess of one-half or I percent of the prime contractor's
total hid or ten thousand dollars (S IO.000). whichever is greater.
2) The portion of work that will be done by each subcontractor under this act. The prime contractor shall list
only one subcontractor for each portion of work as is defined by the prime contractor in his or her bid or offer.
These requirements apply to the information required relating to subcyntractors certified as minority or women
business enterprises. For purposes of this requirement. "subcontractoi.' and "prime cotitractor" shall have the same
meaning as those terms are defined in Section 4 I I3 of the Public Contracts Code.
12 -
During the performance of this contract the contractor agrees as follows:
40 CFR 60-8.4(h) - EQUAL OPPORTUNITY CLAUSE (in relevant part)
(I I The contractor will not discriminate against any employee or applicant for einployment because of race, color,
religion. sex. or national origin. The contractor will take affirmative action to ensure that applicants are employed
and that eniployees are treated during employment without regard to their race. color. religion. sex, or national
origin. Such action shall include. but not be limited to the following: Employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. and
selection for training including apprenticeship. The contractor agrees to post, in conspicuous places available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive considerations for employment without regard to race, color, religion,
sex. or national origin.
(3) The contractor will send, to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided adkising the said labor union or
workers representatives of the contractor's commitments under this section, and shall post copies of the notice in :i
conspicuous places available to employers and applicants for rrnployrnent.
(4) The contractor will comply with all provisions of Executive Order I 1,746 of September 24. 1965. and of the
rules. regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all inforination and reports required by Executive Order I 1,746 of September 24.
1965. and by rules. regulations. and orders of the Secretary of Labor. or piirsuant thereto. and will permit access to
his books. records, and accouiits by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules. resulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any
ofthe said rules. regulations. or orders. this contract niay be canceled. terminated. or suspendcd in whole or in part.
and the contractor may be ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorired in Exccutiie Order I 1116 or September 21, 1965, and such other sanctions
may be imposed and remedies invoked 3 s provided in E.xecutive Order I I246 of September 24, 1963. or by rule.
regulation. or orders of the Secretary of Labor, or 3s otherwise provided by law.
-?
BP- I3
March 17, 2000
14 - 4 I CFR 603.2
CONSTRUCTION CONTRACTORS--AFFIRMATIVE ACTION REQUIREMENTS (in relevant part)
Notice of requirement for Affirmative Action to ensure Equal Eniployment Opportunity 1 EEO) by Executive Orda
I 1246. as amended by Executive Order I 1375.
I. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Einployment Specifications" set forth herein.
2. The goals and timetables for minority and female participation. expressed in percentage terms for the conlractor's
aggregate workforce in each trade on all construction work in the covered area. are as follows:
Time- Goals for minority participation Goals for female participation
tables for each trade for each trade
~
(Agency IO insert slwl od 6 .yYa 6.9O/O
md dotes of contmt)
(Contact SWRCB, Division of Clean Water Programs. at (916) 227-4586 for assistance with the minority goal and
timetables. E-mail <musialr@cwp.swrcb.ca.gov>: Office of Federal Contract Compliance Programs' web site for
compliance issues and preaward registry is <http:,'/www.dol.gov;dol'esa/publiciofcp_org>)
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally
assisted) performed in the covered area. If the contractor performs construction work in a geographical area located
outside of the covered area, it shall apply the goals established for such geographical area where the work is actually
performed. With regard to this second area. the contractor also is subject to the goals for both its federally involved
and non-federally involved construction.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-3 shall be based on
its implementation of the Equal Opportunity Clause. specific affirmative action obligations required by the
specifications set forth in 4 1 CFR 60-44 a). and its efforts to meet the goals. The hours of minority and female
employment and training must be substantially uniform throughout the length of the contract, and in each trade, and
the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The
transfer of rninority.or female employees or trainees from Contractor to Contractor or from project to project for the
sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the
regutations in 4 I CFR Part 60-4. Compliance with the goals will be ineasiircd against the total work hours
performed.
3. The Contractor shall provide written tiotitication to the Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction aubcontract in excess of SlO.000 at any tier for
constmction work under the contract resulting from this solicitrttion. The notification shall list the name. address
and telephone number of the subcontractor: employer identification number of the subcontractor: estimated dollar
amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in
which the subcontract is to be performed.
4. As used in this Notice. and in the coiitrm resulting from this soiicitation. the "ccwred 3rea" IS (insert
description of the geographical areas where the contract is to be performed gibing the state. county and city. if any).
5 60-4.3 Equal opportunity clauses (in relevanl part)
Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executice Order 1 1246)
March 17.2000
I. As used in these specifications:
a. "Covered area" ineans the geographical area described in the solicitation from which this coritract resulted:
A b. "Director" nieans Director. Office of Federal Contract Compliance Programs. United States Department of
Labor. or any person to whom the Director delegates authority;
c. "Employer identification number" means the Federal Sociill Security number used on the Eiiiployer's Quarterly
Federal Tax Return. U.S. Treasury Department Form 94 I.
d. "Minority" includes:
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican. Puerto Rican, Cuban. Central OF South American or other Spanish Culture
or origin. regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East,
Southeast Asia. the Indian Subcontinent. or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North
America and maintaining identifiable tribal affiliations though membership and participation or community
identification).
2. Whenever the Contractor. or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade. it shall physically include in each subcontract in excess of S10.000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and which is
set forth in the solicitations from which this contract resulted.
- 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for
those trades which have unions participating in the Plan. Contractors niust be able to demonstrate their participation
in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating
in an approved Plan is individually required to comply with its obligations under the EEO clause.' and to make a
good faith effort to achieve each goal under the Plan in each Wade in which it has employees. The overall good faith
performance by other Contractors or Subcuntractors toward a goal in an approved Plan does not excuse any covered
Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of
these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as
percentages of the total hours of employment and training of minority and female utilization the Contractor should
reasonablj bc able to achieve in each construction trade in Hhich it has employees in the covered area. Covered
Construction contractors performing construction work in geographical areas where they do not have a Federal or
federally assisted construction contract shall apply the minority and female goals established for the geographical
area where the work is being performed. Goals are published periodically in the Federal Register in notice form.
and such notices may be ohtained from any Office of Federal Contract Compliance Programs office or from Federal
procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its
goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by il union with whom the
Contractor has a collectice bargaining agreement. to refer either minorities or women shall excuse the Contractor's
obligations under these specifications, Executive Order I 1146. or the regulations promulgated pursuant thereto.
6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals. such
I apprentices and trainees must be employed by the Contractor during the training period. and the Contractor must
haw made ;I commitment to einploy the apprentices and trainees at the completion of their training. sub.ject to the
availability of eniployment opportunities. Trainees must bc trained pursuant to training programs approved by the
US. Department of Labor.
BP- I6
March 17. ZOO0
7. The Contractor shall take specific a flirniative actions to ensure equal employnwnl opportunity. The evaluation
of the Contnctor's compliance with these specifications shall be based upon its effort to achieve maximum results
from its actions. The Contractor shall document these efforts fully. and shall iniplcmenl affirmative action steps at
least as extensike as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all
facilities at which the Contnctor's eniployees are assigned lo work. The Contractor. where possible, will assign
two or more Nomen to each construction project. lhe Contractor shall specifically ensure that all foremen,
superintendents. and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to
maintain such 3 working environment. with specific attention to minority or female individuals working at such
sites or in such facilities.
b. Establish and maintain a current list of miiiority and female recruitment sources. provide written notification to
minority and female recruitment sources and to community organizations when the Contractor or its unions have
employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses and telephone numbers of each minority and female
on'-the-street applicant and minority or female referral from a union. a recruitment source or community
organization and of what action was taken with respect to each such individual. If such individual was sent to the
union hiring hall for referral and was not referred back to the Contractor by the union or, if referred. not employed
by the Contractor, this shall be documented in the tile with the reason therefor. along with whatever additional
actions the Contractor my have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Contractor has
a collective bargaining agreement has not referred tu the Contractor a minority person or woman sent by the
Contractor, or when the Contractor has other information that the union referral process has impeded the
Contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities andior participate in training programs for the area which expressly
include minorities and women. including upgrading programs and apprenticeship and trainee programs relevant to
The Contractor shall provide notice of these programs to the sources compiled under 7b above.
I .. _. . .. the Contractor's eniployment needs, especially those programs funded or approved by the Department of Labor. ,.:3 "...\...
f. Disseminate the Contractor's EEO policy by probiding notice of the policy to unions and training programs and
requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any
policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report,
etc.; by specific review of the policy with all management personnel and with all minority and female employees
at least once a year: and by posting the company EEO policy on bulletin boards accessible to all employees at
each location where construction work is performed.
g. Review. at least annually, the company's EEO policy and aftirmative action obligations under these
spccifications with all employees having aiiy responsibility for hiring, assignment. layoff, termination or other
employment decisions including specific review of these items *kith onsite superb wry personnel such as
Superintendents. General Foremen. etc., prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of these meetings, persons attending, subject
niatter discussed. and disposition of the subject matter.
h Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,
specifically including minority and female nei\s media. and providing written notification to and discussing the
Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates
doing business.
i. Direct its recruitment efforts. both oral and written, to minority, female and community organizations, to
schools with minority and female students and to minority and female recruitment and training organizations
serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for
the acceptance of applications for apprentictship or other training by any recruitment source. the Contractor shall
send written notification to Organizations such as the &we, describing the openings. screening procedures, and
tests to he used in the selection process.
March 17. 2000
BP-I 7
j. Encourage present minority and fkmote employees to recruit other minority persons and women and. where
reasonable. provide after school. summer and vacation employment to minority and female youth both on the site
and in other areas of a Contractor's work force.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Pan 60-3.
.-
1. Conduct. at least annually. an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare fur. through appropriate training.
etc.. such opportunities.
m. Ensure that seniority practices. job classifications. work assignments and other personnel practices, do not have
a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that
the EEO policy and the Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are Non-Segregated except that separate or single-user toilet
and necessary changing facilities shall be provided to assure privacy between the sexes.
0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female contractor
associations and other business associations.
p. Conduct a review. at least annually. of all supervisors' adherence to and performance under the Contractor's
EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their
affirmative action obligations (7a through p). The effons of a contractor association. joint contractor-union,
contractor-community, or other siinilar group of which the contractor is a member and participant, may be asserted
as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the
contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected
in the Contractor's minority and female workforce participation. makes a good faith effort to meet its individual
goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions
taken on behalf of the Contractor. The obligation to comply. however, is the Contractor's and failure of such a
group to fulfill an obligation shall not he a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,
both male and female, and all women. both minority and non-minority. Consequently, the Contractor may be in
violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example.
even though the Contractor has achieved its goals for women generally. the Contractor may be in violation of the:
Executive Order if a specific minority group of woinen is underutilized).
IO. The Contractor shall not use the goals and timetables or affkmative action standards to discriminate against any
person because of race, color, religion. sex, or national origin.
I I. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order I 12.16.
I?. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal
Opportunity Claiise. including suspension. termination and cancellation of existing subcontracts as may be imposed
or ordered pursuant to Executive Order 1 1246. as amended. and its implementing regulations, by the Office of
Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall br:
in violation of these specifications and Executive Order I 1246. as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps. at least as extensive as those standards prescribed in paragraph 7 of these specifications. so as to
achieve maximum results from its efforts to ensure equal employment opportunity. lfthe Contractor fails 10 comply
)villi the requireincnts of the Executive Order, the implementing regulations. or these specifications. the Director
shall proceed in accordance with 1 I CFR 60-4.8.
-
BP-IS
March 17, ZOO0
13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that
the company EEO policy is being carried out. to subinit reports relating to the provisions hereof as may be required
by the Government and to keep records. Records shall at leas? include for each employee the name. address.
telephone numbers. construction trade. union affiliation if any. employee identification number when assigned,
social security number. race. sex. status (e.g.. mechanic. apprentice trainee. helper, or laborer). dates of changes in
status. hours worked per week in the indicated trade. rate ofpay. and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form: however. to the degree that existing
records satisfy this requirement. contractors shall not be required to maintain separate records.
-
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish
different standards of compliance or upon the application of requirements for the hiring of local or other area
residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block
Grant Program).
I5 - ELIMINATION OF SEGREGATED FACILITIES
NOTICE TO PROSPECTIVE FEDERALLY-ASSISTED CONSTRUCTION CONTRACTORS
(a) A Certification of Non-Segregated Facilities. as required by the May 9. 1967 Order (32 F.R. 7439,
May 19, 1967) on Elimination of Segregated Facilities. by the Secretary of Labor. must be submitted prior to the
award of a Federally-assisted construction contract exceeding S 10.000 which is not exempt from the provisions of
the Equal opportunity Clause.
(b) Contractors receiving Federally-assisted construction contract awards exceeding S 10.000 which.
are not exempt from the provisions of the Equal Opportunity Clause, will be required to provide for the forwarding
of the following notice to prospective subcontractors for supply and construction contracts where the subcontracts
exceed S 10.000 and are not exempt from the provisions of the Equal Opportunity Clause.
NOTlCE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT . . _i __
.i ._ ., . .: ~ FOR CERTIFICATlON OF NON-SEGREGATED FACILITIES
(a) A Certification of Non-Segregated Facilities. as required by the May 9. 1967 Order (32 F.R. 7439,
May 19. 1967) on Elimination of Segregated Facilities, by the Secretary of Lahor. must be submitted prior to the
award of a subcontract exceeding '3 IO.000 which is not exempt from the provisions of the Equal Opportunity Clause.
(b) Contraclors receiving subcontract awards exceeding S 1O.OOO which are not exempt from the
provisions of the Equal Opportunity Clause will bo requirrd to provide for the forwarding of this notice to
prospective subcontractors for supply and construction contracts where the subcontracts exceed S 10.0 and are not
exempt from the provisions of the Equal Opportunity Clause.
BP-I9
March 17, ZOO0
16 - CERTIFICATION OF NON-SEGREGATED FACILITIES
Environmental Protection Agency Region IX
75 Hawthorne Street
San Francisco. California 94 105
CERTIFICATION OF NON-SEGREGATED FACILITIES
(Applicable to federally assisted construction contracts and related subcontracts exceeding S 10.000 which are not
exempt from the Equal Opportunity Clause.)
The federally assisted construction contractor certifies that he does not maintain or provide for his
employees any segregated facilities at any of his establishments, and that he does not permit his employees to
pcrform their services at any location. under his control, where segregated facilities are maintained. The federally
assisted construction contractor certifies Further that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his employees to perform their services
at any location, under his control. where segregated facilities are maintained. The federally assisted construction
contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As
used in this certification, the term "segregated facilities" means any waiting rooms, work areas. restrooms and wash
rooms, restaurants and other eating areas, time clocks. locker rooms and other storage or dressing areas.
transportarion. and housing facilities provided for employees which are segregated by explicit directive or are in fact
segregated on the basis of race, creed, color. or national origin, because of habit, local custom, or otherwise. The
federally assisted construction contractor agrees that (except where he has obtained identical certifications from
proposed subcontractors for specified time period) he will obtain identical certifications from proposed
subcontractors prior to the award of subcontracts exceeding S 10.000 which are not exempt form the provisions of
the Equal Opportunity Clause, and that he will retain such certifications in his files.
Signature Date
Name and Title of Signer (Please Type)
Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001
BP-20
March 17, 2000
__
I7 - DRUG-FREE WORKPLACE CERTIFICATION
DRUG-FREE WORKPLACE CERTlFICATlON
. ”. -
CONTRACTORiAPPLlCANT:
The contractor or applicant named above hereby certifies compliance with Government Code Section 8355 in
matters relating to providing a drupfree workplace. The above named contractor or applicant will:
I. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession. or
use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
as required by Government Code Section 8355(a).
Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b). to inform
employees about all of the following:
2.
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace.
(c) Any available counseling. rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 835%~). that every employee who works on the proposed
contract or loan:
(a) Will receive a copy of the company’s drug-free policy statement. and .-,
”. . (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract
%- or loan.
CERTIFICATION
I. the official named below. hereby swear that I am duly authorized legally to bind the contractor or loan recipient to the above described certification. I am fully aware that this certification. executed on the date and in the county
below. is made under penalty of perjury under the laws ofthr State of California.
OFF IC I A L‘ S NAME.
DATF. EXECUTED.
CONTRACTOR 4PPLICAhT SIGNATURE
TITLE.
EXECUTED IN C‘OLWTY OF
.-
BP-2 I
nilarch 17. 2000
I K - P.4RT 32--GOVERNMENT WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND
CiOC'ERNklENT WIDE REQlJlREhlENTS FOR DRUG-FREE WORKPLACE (GRANTS)
.-. Appendix A io Part 31--Ccnification Regarding Debirment. Suspension. and Other Responsibility blatters-primary
Covered Transactions
Instructions for Certification
I. By signing and submitting this proposal. the prospective primary participant is providing the certification set out
below.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot
provide the certification set out below, The certification or explanation will be considered in connection with the
department or agency's determination whether to enter into this transaction. However, failure of the prospective
primary participant to furnish a certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective primary
participant knowingly rendered an erroneous certification. in addition to other remedies available to the Federal
Government. the department or agency may terminate this transaction for cause or default.
4. The prospective priimry participant shall provide immediate written notice to the department or agency to which
this propobal is submitted if at any time the prospective primary participant learns that its certification was erroneous
when submitted or has become erroneoiis by reason of changed circumstmces.
5. The terms covered transaction, debarred. suspended, ineligible, lower tier covered transaction. participant,
person, primary covered transaction, principal. proposal, and voluntarily excluded. as used in this clause, have the
meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You
may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regu lat ions.
-
6. Thc prospective primary participant agrees by submitting this proposal that. should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for deharment under 48 CFR part 9, subpart 9.4. debarred, suspended. declared ineligible. or voluntarily
excluded from participation in this covered transaction, unless authorized by the department or agency entering inlo
this transaction.
7. The prospective primary participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Dehannent, Suspension, Iiieligibility and Voluntary Exclusion-Lower Tier Covered
Transaction." probided by the department or agency erdng into this covered transaction. uithout niodilicalion. in
all lo~ur tier cobered transaction5 and in ail solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 18 C'FR pait 9, subpart 9.4. debarred, suspended.
ineligible. or voluntarily excluded from the covered transaction, unless it know that the certification is erroneous. A
participant may decide the method and frequency by which il determines the eligibility of its principals. Each
participant may. but is not required to. check the List of Parties Excluded from Fedcrai Procurement and Non-
procurement Programs.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good tith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that u hich is normally possessed by a prudent pcrson in the ordinary course of business dealings.
.- IO. Except for trrtnsactions authorized under paraprrlph 6 of these instructions. if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.1. suspended. debarred. ineligible. or toluntarily rxcludsd from participation in this
March 17. 2000
transaction. in addition to other rcniedies available to thc Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment. Suspension. and Other Responsibility
Matters-Primary Covered Transactions
( I ) The prospective priiiiary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are riot presently debarred. suspended, proposed for debarnlent. declared ineligible. or voluntarily excluded by
any Federal department or agency:
(b) Have not within a three-year period preceding this proposal been convicted ofor had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining. attempting to obtain, or
performing a public (Federal. State or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, thefl. forgery. bribery. falsificalion or destruction of
records. making false statements, or receiving stolen property;
(cJ Are not presently indicted For or otherwise criminally or civilly chilrSed by a governmental entity (Federal.
State or local) with commission of any of the offenses enumerated in paragraph ( I )(b) of this certification; and
(d) Have not within a three-year period preceding this applicatiodproposal had one or more public transactions
(Fedenl. State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Appendix B to Part 32--Certification Regarding Debarment. Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions
Instructions for Certification
I. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
ou I below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered
an erroneous certification. in addition to other remedies available to the Federal Government the department or
agency with which this transaction originated may pursue available remedies, including suspension andior
de barmen t .
5. The prospcctive louer tier panicipant shall provide immediate written notice to the person to which this propo,sa)
is subinitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or had bccome erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended. ineligible. lower tier covered transaction, participant,
person, primary covered transaction. principal, proposal. and voluntarily excluded. as used in this clause, have the
meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may
contact the person to hhich this proposal is submitted for assistance in obtaining a copy ofthose regulations.
5. The prospective lower tier participant agrees by submitting this proposal that. should the proposed covered
transaction be entered into. it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under 43 CFR part 9, subpart 9.4, debarred, suspended. declared ineligible, or voluntarily
excluded from participation in this cohered transaction. unless authorized by the departinent or agency with which
this transaction originated.
c. z
... . , .- ... , .:, . ':.. ....
6. The prospective lower tier participant further agrees by submitting this proposal that it \\ill include this clause
titled "Certification Regarding Debarment. Suspension. Inellgibility and Voluntary E.ltclusion-Lower Tier Covered
Transaction." uithout modification. in all lower tirr covered transactions and in all solicitations for lo\ser tier
covered transactions.
B P-2 3
March 17.2000
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9. subpart 9.4. debarred. suspended.
ineligible. or voluntarily excluded from covered transactions. unless it knows that the certi ficafion is erroneous. A
participant may decide the methd and frequency by which it determines the eligibility of its principals. Each
participant may. but is not required to, check the Lis1 of Parties Excluded from Federal Procurement and
Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions. if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4. suspended, debarred, ineligible. or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension andior debarment.
Certification Regarding Dcbarment. Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions
( I ) The prospective lower tier participant certifies. by submission of this proposal. that neither it nor its principals
is presently debarred, suspended. proposed for debarment, declared ineligible. or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
19 - RESPONSIBILITY FOR REMOVAL. RELOCATION, OR PROTECTION OF EXISTING
UTILITIES; CONTRACTS AND PROVISIONS
GOVERNMENT CODE SECTION 42 15 (in relevant part)
The contract documents shall include provisions to compensate the contractor for the costs of locating. repairing
damage not due to the failure of the contractor to exercise reasonable care, and removing or relocating such utility
facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on rhe project
necessarily idled during such work. The contract documents shall include provisions that the contractor shall not be
assessed liquidated damages for delay in completion of the project. when such delay was caused by the failure of the
public agency or the owner of the utility to provide for removal or relocation of such utility facilities. ( 1974)
r:
20 - SUBMITTING OF BIDS AND AGREEING TO ASSIGN
GOVERNMENT CODE SECTION 4552 (in relevant part)
In submitting a bid to a public purchasing body. the bidder offers and agrees that ifthe bid is accepted, it will
assign to the purchasing body all rights. title, and interest in and to all causes of action it may have under Section 4
of the Clayton Act ( I5 U.S. C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of
Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods. materials. or services
by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become
effective at the time the purchasing body tenders final payment to the bidder. i 1978)
BP-24
March 17, 2000
2 I - NON-COLLUSION AFFIDAVIT
PUBLIC CONTRACTS CODE SECTION 7 106
NON-COLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
County of ss
; being first duly sworn, deposes and says that he or she is
of the party making the
foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association. organization. or corporation; that the bid is genuine and not collusive or sham; that the bidder
has not directly or indirectly 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 fer to any corporation. partnership, company association. organization, bid depository, or
to any member or agent thereof the effectuate a collusive or sham bid.
personally known to mc OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helsheithey executed the same in
hidherltheir authorized capacity( ies). and that by hisiherltheir signatures(s) on the instrument the person(s), or entity
upon behalf of which the person(s) acted, executed the instrument.
Subscribed and sworn to before me on
(Notary Public)
March 17, ZOO0
Minority Participation Goals for California
Aftinnati~ ActioniEqual Employment Opponunity fw Constnuxion Contractors A-Wgate Work Force Standard Mctropolihn Statisfsal Area (SMSA j
41 CFR SM) -4.6
All areadall trades Female participation goal 6.9%
Am minority participation Goal (.%I
171 Reddiag: Non-SMSA 6.8
Lassen: Modoc; Plumas: Shasta:
Siskiyou; Tchema
I75 Eurclu: Non-SMSA COUntICS 66
Del Norte, Humboldt. Trinity
I76 Sin Frrncisco-Oakland:San Jose:
SMSA Counties 7120 S3linas-Seasidc-Monteenv 28 9
Montercy 7360 hn Fnncisco-Oakland 26.6
Alameda. Contra Costa. Marin.
hn Francisco. San Mako
7400 San Jox I9 6
Santa Clan 7185 SanfaCruz I4 9
Santa cruz 7500 SantaRosa 91
Sonoma 8720 Vallno-FanfieM-NaDa 17 I
Napa. Solano
- Non-SMSA Counties 23 1
Lahe. Mendwino: San Beiuto
I77 Sacramento:
SMSA Counlics:
hV20 !jilcnmnto 16. I
Placer; Sacramento: Yo10
Non-SMSA Conutics I? 5
Buite; Colusa; El Dordo; Clmn.
Nevada: Sierra: Sulter; Yuba
1711 Stockton-Modcslo:
SMSA Counties:
5170 Modesto 12.3
8120 Stocktun 242
- St anislaus
San Joaquin
Non-SMS.4 Counlier 19.8
Alpine; Amador: Calawns: Mariposa:
Mrrced. Tuolurnne
Area minority participation Goal lyl
179 Frcsno-Bakersfield:
SMSA Counties 1, 19 I
2R40 Fresno 26 I
Fresno Non-SMSA COtintiCS 23 6
Kings. Madcn. Tulare
Kern
I80 Lo, Aqeles: SMSA Counties. 0360 Anaheim-Santa Ana-Garden Grove 11 9
4480 Los Aneles-Long Beach 26 3
6000 Oxnard-Simi Vallev-Vmtun 21 5
6780 Ri \ ersidc-San Bernardino-Ontario I9 0
Orange
Los Angeles
Ventun
Riverside. San Bcmardino
Sanfa Barbara
7180 Santa Barbara-Santa Mana-Lomwc 19 7
Non-SMSA Counties 24 6
lnyo. Mono, San Luis Obtsbo
181 San Diego:
SMSA Counties. 7320 San Dtceo I6 Y
San Diego
Non-SMSA CWntiCS 162
Imperial
..
March 17,2000
BP-26
13 - LABOR CODE SECTION 6500
fa) For those employments or places of employment that by their nature involve a substantial
risk of injury. the division shall require the issuance of a perniit prior to the initiation ofany practices.
work. method. operation. or process of employment. The permit requirement of this section is limited to
employment or places of employment that are any of the following:
( I 1 Construction of trenches or excavations that are five feet or deeper and into which a person
is required to descend.
(2) The construction of any building, structure. falsework, or scaffolding more than three stories
high or the equivalent height.
(3) The demolition of any building, structure. falsework. or scaffold more than three stories
high or the equivalent height.
(4) The underground use of diesel engines in work in mines and tunnels.
This subdivision does not apply to motion picture. television. or theater stages or set.., including.
(b) On or after January I, 2000. this subdivision shall apply to motion picture. television, or
hut not limited to. scenery. props, backdrops. flats, greenbeds. and grids.
theater stages or sets, if thcre has occurred within any one prior calendar year in any combination at
separate locations three serious injuries. fatalities. or serious violations related to the construction or
demolition of sets more than 36 feet in height for the motion picture, television. and theatrical production
industry.
television, or theater stages or sets that are more than three stories or the equivalent height. A single permit
shall be required under this subdivision for each employer. regardless ofthe number of locations where the
stages or sets are located. An employer with a ciirrently valid annual permit issued under this subdivision
shall not be required to provide notice to the division prior to commencement of any work activity
authorized by the permit. The division may adopt procedures to permit employers to renew by mail the
permits issued under this subdivision. For purposes of this subdivision. "motion picture, television, or
theater stages or sets'' include, but are not limited to. scenery, props. backdrops. flats. greenbeds, and grids.
An annual permit shall be required for employers who construct or dismantle motion picture.
24 - PUBLIC CONTRACT CODE SECTION 7 IO5
7 105.
for the cost of repairing or restoring damage to the work. which damage is determined to have been
proximately caused by an act of God, in excess of5 percent of the contracted amount. provided. that the
work damaged is built in accordance with accepted and applicable building standards and the plans and
specifications of the awarding authority. tlowever. contracts may include provisions for terminating the
contract. The requirements of this section shall not be mandatory as to construction contracts financed by
revenue bonds. This section shall not prohibit a public agency from requiring that a contractor obtain
insurance to indemnify the public agency for any damage to the work caused by an act of God if the
insurance premium is a separate bid item. If insurance is required. requests for bids issued by public
agencies shall set forth the amount of the work IO be covered and the contract resulting from the requests
for bids shall require that the contractor furnish cvidencr of satisfactory insurance coverage to the puhlic
agency prior to execution of the contract.
(a) Construction contracts of public agencies shall not require the COntrdCtOr to be responsible
:
(b)
( 1 )
For rhe purposes of this section:
"Public agency" shall include the state, the Regents of the University of California. a city.
county, district. public authority. public agency. municipal utility. and any other political subdivision or
public corporalion of the state.
"Acts ofGod" shall include only the following occurrences or conditions and effects:
earthquakes in excess of a magnitude of3.5 on the Richter Scale and tidal waves.
Public agencies may make changes in construction contrac1s for public improvements in the
course of construction to bring the completed improvements into compliance with environmental
requirements or standards established by state and federal statutes entered into. The contractor shall be paid
for the changes in accordance with the prinisions of the contrad gotcrnlng payment for changes in the
Hork or, if no provisions are SSI forth in the contract. payment shall be as agreed to by the parties.
(2)
(c)
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(d) (1) Where authority to contract is vested in any public agency. excluding the state. the authority shall include the power. by mutual consent of the contracting parties. to terminate, amend, or
modify any contract within the scope of such authority.
(2) Pwdgrdph ( I) shall not apply to contracts entered into pursuant to any statute expressly
requiring that contracts be let or awarded on the basis of competitive bids. Contracts of public agencies.
excluding the state. required to be let or awarded on the basis of competitive bids pursuant to any statute
may be terminated. amended, or modified only if the termination. amendment. or modification is so
provided in the contract or is authorized under provision of law other than this subdivision. The
compensation payable. if any, for amendments and modifications shall be determined as provided in the
contract. The compensation payable. if any. in the event the contract is so terminated shall be determined as
provided in the contracl or applicable statutory provision providing for the termination.
considerations at the discretion of the public agencies.
(3) Contracts of public agencies my include provisions for termination for environmental
25 - PUBLIC CONTRACT CODE SECTlON 9203
9203.
or improvement of any public structure, building. road, or other improvement, of any kind which will
exceed in cost a total of five thousand dollars (S5.000). shall be made as the legislative body prescribes
upon estimates approved by the legislative body, but progress payments shall not be made in excess of 95
percent of the percentage of actual work completed plus a like percentage of the value of material delivered
on the ground or stored subject to. or under the control of, the local agency, and unused. The local agency
shall withhold not less than 5 percent of the contract price until final completion and acceptance ofthe
project. However, at any time after 50 percent of the work has been completed, if the legislative body finds
that satisfactory progress is being made. it may make any of the remaining progress payments in full for
actual work completed.
(b) be subject to a twenty-five thousand dollar ($25,000) limit for purposes ofsubdivision (a).
(a) Payment on any contract with a local agency for the creation, construction, alteration, repair,
- Notwithstanding the dollar limit specified in subdivision (a), a county water authority shall
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