The URL can be used to link to this page

Home My WebLink AboutGolden State Fence Company; 2007-03-19; PWS07-11PKSDOC# 2007-0603095 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 mil Ill Illl SEP 13, 2007 12:45 PM OFFICIAL RE CORDS SAN DlEGQ COUNTY RECORDER'S OFFICE G R E G 0 RY ,l .SMITH. CO U H TY RECORDER FEE'v 0,00 PAGES: PARCEL NO:2141401300 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on August 23, 2007. 6. The name of the contractor for such work or improvement is Golden State Fence Company. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Poinsettia Park Pedestrian Guardrail Installation, Contract Number PKS 07-02. 8. The street address of said property is 6651 Hidden Valley Road. CITY OF CARLSBAD Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on S-e^>\€v^-^o *-*- H 20 oi . 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 ort>jjlflLuniLjU.<i , 20^ . at Carlsbad, California. Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Poinsettia Park Pedestrian Guardrail Installation, Contract No. PKS 07-02, and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Installation of pedestrian guardrail at Poinsettia Park $34,639.20 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS fit/6. 2 Glenn Pruim, Public Works Director Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above-described improvements. RAYMOND R. PATCHETT, City Manager Date APPROVED AS TO FORM: Ronald R. Ball, CityV\ttorney Word\Masters\Forms\Acceptance of Public Improvements (Cily) 3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS ~ FOR POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 BID NO. PWS07-11PKS Revised 10/08/03 Contract No PKS 07-02 Page 1 of 68 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 4 Contractor's Proposal 8 Bid Security Form 12 Bidder's Bond To Accompany Proposal 13 Guide For Completing The "Designation Of Subcontractors" Form 15 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 17 Bidder's Statement Of Financial Responsibility 18 Bidder's Statement Of Technical Ability And Experience 19 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 20 Bidder's Statement Of Re Debarment 21 Bidder's Disclosure Of Discipline Record 22 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 24 Contract Public Works 25 Labor And Materials Bond 31 Faithful Performance/Warranty Bond 33 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 35 oRevised 10/08/03 Contract No. PKS 07-02 Page 2 of 68 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 38 1-2 Definitions 39 1-3 Abbreviations 40 Section 2 Scope And Control Of The Work 2-3 Subcontracts 40 2-4 Contract Bonds 41 2-5 Plans And Specifications 41 2-10 Authority Of Board And Engineer 43 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 43 3-3 Extra Work 43 3-4 Changed Conditions 44 3-5 Disputed Work 45 Section 4 Control Of Materials 4-1 Materials And Workmanship 48 4-2 Materials Transportation, Handling and Storage 49 Section 5 Utilities 5-1 Location 49 5-4 Relocation 49 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 52 6-6 Delays And Extensions Of Time 53 6-7 Time of Completion 53 6-8 Completion And Acceptance 53 6-9 Liquidated Damages 54 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 54 7-4 Workers' Compensation Insurance 54 7-5 Permits 54 7-7 Cooperation and Collateral Work 54 7-8 Project Site Maintenance 55 7-10 Public Convenience And Safety 55 7-13 Laws To Be Observed 55 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 56 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 56 9-3 Payment 56 Technical Specifications Special Construction Provisions 58 Construction Methods and Materials 63 Site Plan 68 Revised 10/08/03 Contract No. PKS 07-02 Page 3 of 68 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2;00 pm on January 11, 2007, 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: Provide and install aluminum Pedestrian Guardrail at Poinsettia Community Park in accordance with these specifications POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 BID NO. PWS07-11PKS 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 General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2006 Edition, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are. o Revised 10/08/03 Contract No. PKS 07-02 Page 4 of 68 Pages 1. Contractor's Proposal 7 Acknowledgement of Addendum(a) 2. Bidder's Bond 8. Certificate of Insurance. The riders covering the 3. Non-Collusion Affidavit City, its officials, employees and volunteers may 4. Designation of Subcontractors be omitted at the time of bid submittal but shall and Amount of Subcontractor Bid be provided by the Bidder prior to award of this 5 Bidder's Statement of Financial Responsibility contract 6 Bidder's Statement of Technical Ability and 9. Bidder' s Statement Re Debarment Experience 10.Bidder's Disclosure Of Discipline Record 11 Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $29.700. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A-General Engineering or CIS-Fencing. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $15.00 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 Revised 10/08/03 Contract No. PKS 07-02 Page 5 of 68 Pages Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis ofthe given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with 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. Revised 10/08/03 Contract No. PKS 07-02 Page 6 of 68 Pages Auto policies offered to meet the specification of this contract must' 1) Meet the conditions stated above for all insurance companies 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Decembers, 2006 Date Publish Date: December 10, 2006 Revised 10/08/03 Contract No PKS 07-02 Page 7 of 68 Pages OPENED, WITNESSED AND CITY OF CARLSBAD POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No.PKS 07-02 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: SCHEDULE "A" PEDESTRIAN GUARDRAIL INSTALLATION Approximate Item Quantity Unit No. Description and Unit Price Total A-1 Install Aluminum Pedestrian 270 LF $ 122.40 $ 33.048.00 Guardrail at One hundred twenty two dollars & 40/100 Dollars per Linear feet Total amount of bid in words for Schedule "A": Thirty three thousand fourty eight dollars and 00/100 Total amount of bid in numbers for Schedule "A": $ 33,048.00 The basis of award will be the sum of Schedule "A". Price(s) given above, are firm for 90 days after date of bid opening. Addendum(a) No(s). has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Revised 10/08/03 Contract No. PKS 07-02 Page 8 of 68 Pages 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 299964 , classification c-!3 which expires on 7-31-07 , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bid 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 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: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business . . (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail Am¥ Revised 10/08/03 Contract No. PKS 07-02 Page 9 of 68 Pages License Detail Page 1 of 2 California Home Thursday, January 11, 2007 Welcome to License Detail Contractor License # 299964 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base Before relying on this information, you should be I 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 below Click on the link or button to obtain complaint and/or legal action information ; . Per B&P 7071 17. only construction related civil judgments reported to the CSLB are disclosed . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base Extract Date 01/11/2007 * * * Business Information * * * FENCEWORKS INC dba GOLDEN STATE FENCE COMPANY 870 N MAIN ST RIVERSIDE, CA 92501 Business Phone Number (909) 788-5620 Entity Corporation Issue Date 11/12/1974 Reissue Date 07/09/1999 Expire Date 07/31/2007 * * * License Status * * * This license is current and active All information below should be reviewed. * * * Classifications * * * Class Description | !c29 'MASONRY * ! B " " GENERATBUILDING CONTRACTOR CIS FENCING * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 182278 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) MELVIN LEE KAY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date 09/25/2000 BQI's Bonding History http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 01/11/2007 License Detail Page 2 of 2 * * * Workers Compensation Information * * * This license has workers compensation insurance with the NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH. PA Policy Number WC7175363 Effective Date 07/01/2006 Expire Date 07/01/2007 Workers Compensation History * * * Miscellaneous Information * * * j Date : Description [ r 07/09/1999 LICENSE REISSUED TO ANOTHER ENTITY j Personnel List License Number Contractor Name Personnel Name Request Request Request _ , _. Salesperson NameSalesperson Request - © 2006 State of California Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 01/11/2007 IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted. (2) Signature (given and surname and character of partner) (Note- Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. (5) E-Mail IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Fenceworks, inc. dba: Golden State Fence Company (Signature) Vice President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California v^-" • (4) Place of Business 870 No. Main Street (Street and Number) City and State Riverside, CA _ (5) Zip Code 92501 Telephone No. 951-686-3170 (6) E-Mail rocky.vanhoose@goldenstatefence.com Revised 10/08/03 Contract No. PKS 07-02 Page 10 of 68 Pages NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: Mel Kay President Dale Marriott Vice President Floyd Nixon Secretary Revised 10/08/03 Contract No. PKS 07-02 Page 11 of 68 Pages § BID SECURITY FORM (Check to Accompany Bid) POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 (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.) Revised 10/08/03 Contract No. PKS 07-02 Page 12 of 68 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 KNOW ALL PERSONS BY THESE PRESENTS: That We c°lden State Fence Company as prjncjna| grid Western Surety Company as Surety are held and firmly bound unto the City of Carlsbad. California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) ffi j^f (m} of the tota* 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: POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of sard award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Contract No. PKS 07-02 Page 13 of 68 Pages In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond, Executed by PRINCIPAL this nth day of January , 20°Z _ • PRINCIPAL Golden State Fence Company (nar By: (print name here) (Title and Organization of Signatory) By: (sign here) Executed by SURETY this 11th day Of January 20 °7 . SURETY: Western Surety Company (name of Surety) 2355 E. Camelback Rd., Suite 500, Phoenix AZ 85016 (address of Surety) (602)^2 - 3292 (teleo/ione number of Surety) iaiure of Attorney-ln-Fact)~ ia B. Leonard (grin,tvna.rne.,here) '(title artd organization of signatory) (printed name of Attorney-in-Fact) 2 ~ ~^~" (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: «>-,' Depiny City Attome Contract No. PKS 07-02 Page 14 of 68 Pages I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ^^tate of CALIFORNIA W^of RIVERSIDE On JAN 1 1 2D07 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer (e g , "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD Name(s) of Signer(s) personally known to me -OR- D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in TCHELE M- UUMLUO $ his/her/their authorized capacity(ies), and that by his/her/their •••--•«"* -" signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Signature of Notary 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 Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name. D Individual D Corporate Officer D Titles(s)' D Partner - D Limited LT D Attorney-in-Fact D Trustee D Guardian or Conservator D Other General RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer Is Representing D Individual D Corporate Officer D Title(s) D Partner - D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of Thumb here BD-1133 09/00 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark N. Gladding, Kenneth A. Coate, Julia B Leonard, Individually of Riverside, CA, its true and lawful Attorney(s)-m-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of November, 2006 WESTERN SURETY COMPANY Paul 3r Bruflat, Senior Vice President State of South Dakota County of Mmnehaha On this 7th day of November, 2006, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota, that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires +SS«IH«.«.IH,SSSSSSSSS«I«.« j D. KRELL November 30, 2012 J/fgjNNOTARY PUBLIC - *i *»«»«**»«•»«•»«*«»*»TS^U// ' D Krell, Notary' Public CERTIFICATE I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1lthdayof January 2007 WESTERN SURETY COMPANY • L Nelson, Assistant Secretary Form F4280-09-06 oT. / Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT %e@s^s@s@a@s@s@s@s@fi@s@s@s@sm^^ State of California County of V\\M&T£idJL On personally appeared ss. \\, 2.OO"\ . before . . "puh\i C . Name and Title of Officer (e g , "Jane Doe, Notary-Public'^ .L. (s) of Signer(s) RHONDA I. MARKS L Commission #1423236 I Notary Public - California f Riverside County My Comm. Expires Jun 10,2007 ^personally known to me D proved to me on the basis of satisfactory evidence to be the personf;s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy. executed the same in his/bor/thok authorized capacity(ies}; and that by his/kei#hei£ signature^ on the instrument the person)^), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Pualic 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:. Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other- RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: : D Individual D Corporate Officer — Title(s). D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing' RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2004 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toil-Free 1-800-876-6827 Company Profile Page 1 of 1 Company Profile •WESTERN SURETY COMPANY PO BOX 5077 SIOUX FALLS, SD 57117-5077 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process9 Reference Information NAIC# 13188 NAIC Group # 0218 California Company ID # 0761-7 Date authorized in California July 29, 1930 License Status UNLIMITED-NORMAL Company Type Property & Casualty State of Domicile SOUTH DAKOTA 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 LIABILITY SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Repiesentative in My Area Financial Rating Organizations Last Revised - October 17, 2006 04 37 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 01/11/2007 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. PKS 07-02 Page 15 of 68 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. PKS 07-02 Page 16 of 68 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS ^ ^ "* > <"> &> y v'' v ' 'I. ,<,i Portiori of Work NONE -' ,::•','• *- '? - •** - ' Subcontractor Name and ; Location of Business '( iSybcontractoj's |? License Number' ' Jsf '-\- <%«• ,» > ->•-$", Y'Zfy'""^and Classification i v {Amount of > ',,,iJj|Work|>y Subcontractor . i'lin- Dollars* i ':<, Page l of 2 pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. PKS 07-02 Page 17 of 68 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. NONE I { { I l' 1 Revised 10/08/03 Contract No. PKS 07-02 Page 18 of 68 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. : " 'Date 'f?|' Contract Completed • Name and Address > ' *• <f J'^'\ >f->a'i,*of the Employer SEE ATTACHED i- Name and J|hone No. j of Person M'Contract'N ,-,1111% , 5£#> £v-sft> •; " x *•. " . Type of sWork • Amount , .^^ol1!!! Contract Revised 10/08/03 Contract No. PKS 07-02 Page 19 of 68 Pages EXPERIENCE .QUESTIONNAIRE GOLDEN STATE FENCE COMPANY 870 NORTH MAIN STREET 'R1VERSIDE3CA 92511 PHONE #951-686-3170 LIST BELOW THE PROJECTS YOUR BUSINESS HAS COMPLETED WITH THE LAST THREE YEARS: CONTRACT AMOUNT S 1,330,000.00 S 167,000.00 S 553,000,00 $77.150.00 •S 700,981,00 TYPE OF PROJECT Various fence and gate installations and repair, Installation of chain link fencing and gates Installation of ornamental steel fence and gates. Gate entry • systems. Installation of chain fence and gates. Installation of chain link fence , ornamental stee! fencing and gates. DATE COMPLETED Dec 2006 Mar 2006 Dec 200S / .My 2006 .Mar 2006 NAME, ADDR1SS, PHONE # OWNER/PERSON TO CONTACT FOR INFORMATION Southwest Division, Navfaeengconi Camp Pendleton Field Team MCB Camp Pendleton P.O. Box 555229 Building 22101 Camp Pendleton,Ca 92055 MurrwLeilani P,760~?25-S210/F.76Q-'?2$-8692 : Jaynes Corporation 111 Eta St San Diego, CA 92101 Kevin Baker P.6l9-233-40SO/F,6l9-243-<<090 SA1C San Diego, Ca 921 10 P.8S8-826-5206/F.858-826-307Q ! Vanguard Construction P.O. Box 239 Arroyo Grande, CA 93421 i Richard Resales P.805-48i-6830/F,80S-4SJ-6«9" Hunt Building 100 Wonson Drive Camp Pendleton, CA ^K David Wray P.760-38S-1535 CURRENT PROJECTS: JOB NAME \ AMOUNT OF AWAJRD NAME, ADDRESS & PHONE # OF BUSINESS/GOVERNMENT AGENCY INVOLVED Ft. Irwin Perimeter | S3,258,.323.00 Fence US Army Corp of Engineers P.O. Box 10048 Fort Irwin, CA 92310 Ratid} Elder P.760-38Q-4387/F.760-386-2497 TYPE OF WORK UAIECOMPLSTIKU CHAIN LINK PERITMETER FENCE AND GATES 3/1/2007 Sprinter Rail Project S 5372,52 LOO West Coast Rail Constructors 2S8S Business ParkDr Vista, Ca 92081 Sidney Chow P.760-727-9767F.760-560-0253 US Army Corp of Engineers $12,092304.00 US Army Corp of Engineers P.O. Box 10048 Fort Irwin, CA 92310 Randy Elder P.7«0-380-4387/F.7fiO-386-2497 CHAIN LINK FENCING. ORNAMENTAL FENCING AND GATES. CHAIN LINK FKNCE.TVRTLE PENCE AND GATES. Edom Hills $ 15,712.00 20 Palms Housing P-7S9 North Island Main Gate Ofay Ranch Town Center RQ Construction Force Intel S 288,881.00 S 488,469.83 S 24,600,00 S 58,881.00 Radian Communications Service*, 810 W, Collins Drive Orange, CA 92867 Alexandra Kim P.714-532-0777 INSTALL CHAIN LJNK FENCE - GATES. Hunt Building P.O. Bot 12220 El Paso, TX 79913 Tim Bass P.915-S33-1122 INSTALL CHAIN LINK FENCING, GATES, AND PRIVACY INSERTS. RA Burch P.OBo*1590 Rantona, CA 92065 David Keyset P.760-788-0800 Eleven \Vestern Builders 4221 North Gate Blvd. Ste 5 Sacramento, CA 95834 Sandie Jensen P.760-796-6346 RQ Construction 5256 S. Mission Road, Suite 210 Bonsali, CA 92003 Mike Rogers P.760-631-7707 INSTALL CABLE RAI£» COMMERCIAL STJKEL FENCING •\NI1 GA I'ES. INSTALL CHAINLINK FENCLM;,GATES, AND PRIVACY SCREEN. 1/1/2008 5/1/2008 1/31/2007 1/31/2007 3/15/2007 1/31/2007 INSTALL CHAIN LINK tENCING .ANUG4TFS. 1/31/2007 S2ie-989-IS6 : tI LO 6! BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. PKS 07-02 Page 20 of 68 Pages Mar 05 07 12:22p Public Works 951-686-3125 p. 1 >.«£«»»•»CERT1FIICATE OF LIABILITY INSURANCE PRODUCER Aon 707 Wilshira Blvd.. Suns 6000 Los Angeles CA 901)17 (2tJ)B3 0-3200 * Catli>nv» THIS CERTIFICATE IS ISSUED AS A MATTER QP INCORMATIDN ONLY ANDcorals NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC ff INSURED Golden State Fence Company (Riverside Office) 070 N Main Street Riverside. CA BZ501 Amsncan international Specially Unas 6883 INSURERS. National IMon FTC Ins Co 0* Pi'lSlwnjii INSURER C' IN5WER 0. COVERAGES THE 'POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICV PERIOD INDICATED. NOTVYITHSTANP/NG ANY REQUIREMENT TEfSM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH H££F>ECr TO WHICH THIS CERTIFICATE MAY 6E ISSUED OR MAY PERTAIN THE WSUHANCE AFFORDED BY THE POUCtES OESCRIB6D HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO nownmoNS Of SUCH POLICES AGGfttGAlE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS IHOH LTB uxn. HMD TTTC 0» MIVRANCE Mtu«r NUHBCR CENERAL LJABIL(TY J COMUFRC1M. CENERAL ISA&lirT GL176S140 7/1/2006 7/1/2007 tACH OCCUflREMCE DAMAGE TO nENTEO PREMISES t:» nccinn MED EXP (Any onii PERSONAL & AOV INJOKV GENERAL AGGREGATE CENT. »50KK*TC IWT APTOES PEfl' 1 POUC" V ""OJECT IOC PHQOUCTS - COMPlOP AGO i.ogo.ooo 50.000 5.000 1,000,000 2,000.000 i.nno.noo AVTOMOaitE LIABILITY f r*vt AOTO ' «.L ownea AUTOS CA6262432 7/V2006 7/1/2007 cowBmeo sitmtE UMIT (Efi nocloent)1, 000,000 '•)(, HffO AUTOS BOOILV INJURY (P»f perron) BOQILY INJURY (Per anxtenl) PROP£ffTY DAMAGE AUTO ONLY.- EA ACCIDENT OTHER THAN AUTO ONLY EXCESS yUMBOELLA UABUTTY occuo _ CLAWS MADE EACH OCCURRENCE AGCWEGATe WORKERS' COMPENSATION AND EMPLOYERS' UA8LTTY Mfr MCM-HICTO** ' P*AT*ER t EXECUTUf MeER £AO.yo * undf SrtCtA WC7l 75363 7/1/2006 7/1/^X)7 | -1 t*!.' E.LeACKACCIOEHT 1.000.000 E.L WSEA3E - EA EMPLOYEE 1,000.000 E,L DISEASE - P OUCY LIMfT 1 000.000 OTHER DfiSCRiPTiOd Of OPtD ATlOHE/LOCATKMISArEHiciJSseiCLUSIOHS ADOCO 6Y ENOOR£EMENT«FECIAL PROVISIONS Slandsn) Maaler Can 06/07 1 71 749 Propel* PKS 07-02, poirvsBllia Park Pedestrian Guardrail Installation Tha City of Carlsbad, its officials, employees and volunteers are Included 03 Additional Insured 95 respects IP General LiabMiy as required by written contract The insurance provided shall be primary and any glher insurance maintained by (he Additional Insured is axcocc and non-contributory CERTIFICATE HOLDER City Of Carlsbad AUn: Purchasing Dept. 1 835 Faraday Ava. CarlsBsd. CA 92008-7314 ACORD 25 (2001/0$) CANCELLATION SHOULD ANV Of THE ABOVE OESCRHKP 'O.ICIF.S Bf CANCELLED seroHE r»E EXPIRATION DATE THEREOF THE ISSUING COWANV will, gNOEAVOR TO M*ll 3O DAYS WRITTEN NO! ICE TO THE CWIF ICATE MOCOEH NAuep TO TMJ WT, BI/T PAILUHE TO DO so SMALL ™»05i£ NO oauciAiiON OR UABIUTY OF AMV KINO UPON THE INSURER ITS AGENTS OR REPRFSENlftTlVES AUTHORKEO REPRESENT ATIV1 /~) «-v O ~p ©ACORO CORPORATION 1988 Mar 05 07 12:22p Public Uorks 951-686-3125 P-2 I'oliry Numbci GU785140 COMMERCIAL GtNERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RF.AD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under ihc following- COMMERCIAL C5ENKRAL LIABILITY COVERAGE PART SCIIEDlfl.lv 171M9 Name Of Additional Insured rcrson(s) ()r Or£aniza1ion(«): The Cily of Carlsbad, its officiate, employees ond volunlesre Lucation(s) Of Covered Operations Project* PKS 07-02, Pnmsetlia Park Pedestrian Guardrail installation Information required to complete (hi; Schedule, if not shown above, will be shown in the Declarations. A. Section II - Wbu Is An Insured 'S amended to include as an additional injured the peiscfl(s) or organization^) shown in the Schedule, but only -vith respect to liability for "bodily injury", "property damage" or "personal and advertising injury" cmised, in whole or in part, by: 1, Your acts or omissions: or 2. The nils or omissions of these acting on your be- half; in tire performance of your ongoing operations for the additional in<iured(s) at the locHtion(s) designated above B. With respect ro tlie insurance afforded to Ihcsv addi- tiorwl insureds, Ihe following additional exclusions ap- ply: Th<i insurance does not apply lo "bodily injury" or "property damage" occurring after 1. All work, including materials, parts or equipment furnished in connection with such w6rk. on the pro- ject (other than service, maintenance Or repairs) to be performed by or on behalf of the additional m- surcd(s) at the location of Ihe covered operations has been completed, or 2. That portion of "your woik" out <>F which the injury or ilsnuigc ans^S lias been put lo its intended use by <tny person or organization oilier fhnn another con- traeior or subcontractor engaged in performing op- crahons for a principal as a part of the same project. CO 20 1007 04 ISO PruDcrtio. Inc.. 2004 Page I of I TOTRL P.03 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Golden State Fence Company (name of Contractor) By: (sign here) Dale Marriott, Vice President (print name/title) Page _ L_ of pages of this Re Debarment form Revised 10/08/03 Contract No. PKS 07-02 Page 21 of 68 Pages i BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? x yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed?x yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page l of 2 pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PKS 07-02 Page 22 of 68 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 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. NONE (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: 4 Golden State Fence Company (name of Contractor) By: ^\Q<SL-^\ (sign here) Dale Marriott, Vice President (print name/title) Page 1 of 2 pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PKS 07-02 Page 23 of 68 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 ) ss. State of California ) County Of Riverside ) Dale Marriott (Name of Bidder) and says that he e-r-sbe is Vice President being first duly sworn, deposes (Title) of Golden State Fence Company (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the llth day Of January .,20.07 Signature of Bidder Subscribed and sworn to before me on the llth <jay Of January .,20.07 (NOTARY SEAL) RHONDA I. MARKS L Commission #1423236 . | Notary Public - California | Riverside County r V My Comm. Expires Jun 10.2007p I. O A. Signature of Notary Revised 10/08/03 Contract No. PKS 07-02 Page 24 of 68 Pages CONTRACT PUBLIC WORKS This agreement is made this "- day of Y/juuiS) , 20 by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and GOLDEN STATE FENCE COMPANY whose principal place of business is 870 NORTH MAIN STREET RIVERSIDE CA 92501 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2006 Edition, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. Revised 10/08/03 Contract No. PKS 07-02 Page 25 of 68 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 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. Revised 10/08/03 Contract No. PKS 07-02 Page 26 of 68 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein' / a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. Revised 10/08/03 Contract No. PKS 07-02 Page 27 of 68 Pages a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. Revised 10/08/03 Contract No. PKS 07-02 Page 28 of 68 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or 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. >^\ init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. Revised 10/08/03 Contract No. PKS 07-02 Page 29 of 68 Pages 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof NOJARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE -'ATTACHED (CORPORATE SEAL) ' " CONTRACTOR: ^ CITY OF CARLSBAD a municipal corporation of the State of California (name of Contractor) City Manager Bv: \ J c£L^-V \ (sign here) /AovrooVV - (print name and title) H=ORRAINE M\ WOOD, City Clerk VBy. (sign here) (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM. RONALD R. BALL City Attorney Deputy City Attorney JI*L Revised 10/08/03 Contract No. PKS 07-02 Page 30 of 68 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ^ County of On Veto personally VX \ \\ G.'TSAoJLi 23. ZOO1 . before me. Date appeared \_JQ\JL V y ss.f9 "V^U^SYYlciX.mafKs,notarvi "DubliC 1 Name and Title of Officer (e g , "Jane Doe, Notary PubJ^J ' X"\(\>r r v 6"Hr Name(s) of Signer(s) RHONDA). MARKS Commission #1423236 Notary Public - California Riverside County My Comm. Expires Jun 10,).2007f ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(s). whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hef/toeir authorized capacity(ies}', and that by his/hor/thoip- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s). acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 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:. Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name- D Individual D Corporate Officer — Title(s)' D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing:. Top of thumb here Signer's Name' D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave , P O Box 2402 • Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of vJKLn (£)i\ ss. On A7 £007, before me, Date personally appeared SHEILA RENAE CO8AN Commission f 153953J Notary PubSc - California San Dteoo County Name and Title of Officer (e g , "Jane D&e, Notary Pubh X-/.5Q. /A/C/Q forMLT*/ Name{s) of Signerfs) B-personally known to me D proved to me on the basis of satisfactory evidence to be the person(«r) whose subscribed to the within instrument and acknowledged to me that -he^sEei/tkey executed the same in hHst^H^tieir authorized capacity^ise-), and that by -b+s^jT^ttoetP signature(a} on the instrument the person^, or the entity upon behalf of which the person^T acted, executed the instrument. WITNESS my hand and official seal c30tgCTlB Place Notary Seal Above 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 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name' D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing © 1997 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 MINUTES OF ACTION OF THE BOARD OF DIRECTORS OF FENCEWORKS, INC. TAKEN WITHOUT A MEETING BY UNANIMOUS WRITTEN CONSENT The actions described in these Minutes of Action were taken by the Board of Directors of Fenceworks, Inc., dba Golden State Fence Company, by unanimous written consent pursuant to a provision in the Corporation's Bylaws permitting such action to be taken. The Directors hereby adopt the following recital and resolution: WHEREAS, the President of the Corporation has discussed with the Directors the occasional need to have job contracts signed on behalf of the Corporation. NOW BE IT RESOLVED: That the following named seven individuals have authority to sign contracts on behalf of Fenceworks, Inc for the performance of contracting services, including the providing of materials. Mel Kay Thomas P. Massie Rod Perrella Gary Hansen Christopher Barrett Jerry Kay Dale Marriott The undersigned, constituting all of the Directors of the Corporation, hereby adopt these Minutes of Action on and as of June 20, 2006. Kite—^ Mel Kay I .•*«-», Marie Kay Floyd G.Nixon BOND NO. 58634682 PREMIUM: INCLUDED IN THE PREMIUM CHARGED FQR THE PERFORMANCE BOND LABOR AND MATERIALS BOND IS SUBJECT TO ADJUSTMENT WHEREAS, the City of Carlsbad, State of California has awarded to _ GOLDEN STATE FENCE COMPANY _ (hereinafter designated as the "Principal"), a Contract for. POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE __ GOLDEN STATE FENCE COMPANY _ , as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY _ _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of _ THIRTY THREE THOUSAND FORTY EIGHT _ Dollars ($33,048.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. A•K Revised 10/08/03 Contract No. PKS 07-02 Page 31 of 68 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. Executed by CONTRACTOR this 23RD day of FEBRUARY 20 07 CONTRACTOR: GOLDEN STATE FENCE COMPANY (name of Contractor) By:_ (sign here) DALE MARRIOTT (print name here) VICE PRESIDENT (title and organization of signatory) By: (sign here) (print name here) Executed by SURETY this 23RP day Of FEBRUARY , 20 07 . SURETY: WESTERN SURETY COMPANY (name of Surety) 2355 E. CAMELBACK RD., SUITE 500, PHOENIX AZ 85016 (address of Surety) (6021/^/12 - 3292 (telephone number of Surety) (signature of Attorney-m-Fact) JUUA-'B. LEONARD ; -""'.-.r^ v:-% (printed name of 'A ,. (attach corporate resolution- showing current-fjpwer of attorney) \ * - "" ^ (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 71/KcA Deputy City Attorney Revised 10/08/03 Contract No. PKS 07-02 Page 32 of 68 Pages MINUTES OF ACTION OF THE BOARD OF DIRECTORS OF FENCEWORKS, INC. TAKEN WITHOUT A MEETING BY UNANIMOUS WRITTEN CONSENT The actions described in these Minutes of Action were taken by the Board of Directors of Fenceworks, Inc., dba Golden State Fence Company, by unanimous written consent pursuant to a provision in the Corporation's Bylaws permitting such action to be taken. The Directors hereby adopt the following recital and resolution: WHEREAS, the President of the Corporation has discussed with the Directors the occasional need to have job contracts signed on behalf of the Corporation. NOW BE IT RESOLVED: That the following named seven individuals have authority to sign contracts on behalf of Fenceworks, Inc for the performance of contracting services, including the providing of materials. Mel Kay Thomas P. Massie Rod Perrella Gary Hansen Christopher Barrett Jerry Kay Dale Marriott The undersigned, constituting all of the Directors of the Corporation, hereby adopt these Minutes of Action on and as of June 20,2006. Mel Kay i Mane Kay Floyd G. Nixon CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA bounty of RIVERSIDE FEB 2 3 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer (e g , "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD Name(s) of Signer(s) personally known to me -OR- Q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumentCOMM "•SSBSiSSRT.« My Comm Expires Hoy IIJO™WITNESS my hand and official seal. &JUuQ0 iQ Signature of Notary Public Though the information ---------------------------------------- OPTIONAL ----------------------------------------- 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 icument Date.Number of Pages Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name. D Individual D Corporate Officer D Titles(s) D Partner-D Limited D General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other. RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer Is Representing D Individual D Corporate Officer D Title(s) D Partner - D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other Signer Is Representing- RIGHT THUMBPRINT OF SIGNER Top of Thumb here BD-1133 09/00 Western Surety Company BOND NO. 58634682 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark N. Gladding, Kenneth A. Coate, Julia B Leonard, Individually of Riverside, CA, its true and lawful Attorney(s)-m-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation - , In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of November, 2006 WESTERN SURETY COMPANY Paul ~T. Bruflat, Senior Vice President State of South Dakota County of Minnehaha On this 7th day of November, 2006, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota, that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires November 30, 2012 + SS D. KRELL t NOTARY PUBLIC/ .1 SOUTH DAKOTA*. CERTIFICATE ,-• \?~'^.'~I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY dO;hereby"certify thafthe Power of Attorney heremabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverseJiereof-Vstill m force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 23rd day of February? 2G07 ...'^ V3tf-E^.TE~RN> SURETY COMPANY Form F4280-09-06 L Nelson, Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile s v->:, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r On FeVo 2%, 2.QO1 . before personally Date appeared ss. xXWiarKb, ncbcxAA-TULldt'C and Title of Officer (e g , "Jane Doe, Notary Pu^|ic)') 1 Name(s) of Signer(s) RHONDA I. MARKS Commission #1423236 Notary Public - California | Riverside County | My Comm. Expires Jun 10, ^J^(personally known to me D proved to me on the basis of satisfactory evidence to be the personts) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/oho/thoy. executed the same in his/hor/thck authorized capacity(ies), and that by his/Hcr/thoiE- signaturefs) on the instrument the person^, or the entity upon behalf of which the persorifc) acted, executed the instrument Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Pu 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' Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name1 D Individual D Corporate Officer — Title(s)1 D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here S8@SSS@3@3@!S@!SeS@Sie!?§ig®e3^^ © 2004 National Notary Association • 9350 De Soto Ave , P O Box 2402 • Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1 -800-876-6827 ORIGINAL BOND NO. 5863.682 PRFMIUM- $^57 00 IS SUBJECT TO ADJUS1MENT FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California has awarded to GOLDEN STATE FENCE COMPANY (hereinafter designated as the "Principal"), a Contract for: POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 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 GOLDEN STATE FENCE COMPANY as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY THREE THOUSAND FORTY EIGHT Dollars ($33,048.00), said sum being an amount equal to. One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the 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. A•^ Revised 10/08/03 Contract No. PKS 07-02 Page 33 of 68 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. Executed by CONTRACTOR this 23RD day of FEBRUARY , 20 Q7 . CONTRACTOR: GOLDEN STATE FENCE COMPANY (name of Contractor) By: (sign here) DALE MARRIOTT (print name here) VICE PRESIDENT (Title and Organization of Signatory) By: (sign here) (print name here) Executed by SURETY this 23RD day of FEBRUARY , 20 07 SURETY: WESTERN SURETY COMPANY (name of Surety) 2355 E. CAMELBACK RD., SUITE 500, PHOENIX AZ 85016 (address of Surety) (602) 212 - 3292 , >!-.„- lephone number of Stirety) ature of Attorney-in:Fact)' JULIA B. LEONARD (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. PKS 07-02 Page 34 of 68 Pages MINUTES OF ACTION OF THE BOARD OF DIRECTORS OF FENCEWORKS, INC. TAKEN WITHOUT A MEETING BY UNANIMOUS WRITTEN CONSENT The actions described in these Minutes of Action were taken by the Board of Directors of Fenceworks, Inc., dba Golden State Fence Company, by unanimous written consent pursuant to a provision in the Corporation's Bylaws permitting such action to be taken. The Directors hereby adopt the following recital and resolution: WHEREAS, the President of the Corporation has discussed with the Directors the occasional need to have job contracts signed on behalf of the Corporation. NOW BE IT RESOLVED: That the following named seven individuals have authority to sign contracts on behalf of Fenceworks, Me for the performance of contracting services, including the providing of materials. Mel Kay Thomas P. Massie Rod Perrella Gary Hansen Christopher Barrett Jerry Kay Dale Marriott The undersigned, constituting all of the Directors of the Corporation, hereby adopt these Minutes of Action on and as of June 20,2006. Mel Kay Marie Kay Floyd G.Nixon CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT .State of CALIFORNIA Bounty of RIVERSIDE On FEB 2 3 2007 before me, MICHELE M. QUALLS, NOTARY PUBLIC Name and Title of Officer (e g , "Jane Doe, Notary Public") personally appeared JULIA B. LEONARD personally known to me -OR- Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Signature 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 'ocument Date Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name D Individual D Corporate Officer D Titles(s): D Partner - D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of Thumb here Signer's Name D Individual D Corporate Officer D Title(s) D Partner - D Limited D General D Attorney-m-Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Signer Is Representing Top of Thumb here BD-1133 09/00 BOND NO. 58634682 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed'hereby make, constitute and appoint Mark N. Gladding, Kenneth A. Coate, Julia B Leonard, Individually of Riverside, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of November, 2006 WESTERN SURETY COMPANY Paul XBruflat, Senior Vice President State of South Dakota County of Minnehaha On this 7th day of November, 2006, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota, that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires November 30, 2012 D. KRELL NOTARY PUBLIC SS«.S + TS^L// ' D Krelt, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby"certify-that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the.fevers'e-hejepf is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 23 rd day of Febnua ry^_- 2007 7 V-.W-ESTERN SURETY COMPANY O). / Form F4280-09-06 L Nelson, Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company Section 7 All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile rc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on £e^ 2^, ZQQl Date personally appeared before ss. X.rrvojr&. ncAar Name and Title of Officer (e g , "Jane Doe, Not u -T yJ ' Name(s) of Signer(s) - -~mm--~t RHONDA I. MARKS L Commission # 1423236 | Notary Public - California % Riversido County f My Comm. Expires Jun 10.2007f„ ^personally known to me D proved to me on the basis of satisfactory evidence to be the personal whose name(s} is/afe-subscribed to the within instrument and acknowledged to me that he/3hc/thoy executed the same in his/ke4&bej/ authorized capacity (tes), and that by his/hor/thcir- signature!^ on the instrument the person^), or the entity upon behalf of which the personfsX acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official seal. Signature of Notary Publi^, 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:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name1 D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: _ CT Individual D Corporate Officer — Title(s)1 _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other _ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2004 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 10/08/03 Contract No. PKS 07-02 Page 35 of 68 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address 1635 Faraday Avenue. Carlsbad, CA 92008 For Contractor: Title Name Signature. Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. PKS 07-02 Page 36 of 68 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 Title Name Signature Address Title Name Signature. Address Revised 10/08/03 Contract No. PKS 07-02 Page 37 of 68 Pages SUPPLEMENTAL PROVISIONS FOR POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION CONTRACT NO. PKS 07-02 CITY OF CARLSBAD SUPPLEMENTAL PROVISIONS TO "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 2006 EDITION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. PKS 07-02 Page 38 of 68 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency -the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Manager, General Services - The Public Works Supervisor's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Public Works Supervisor, Contracts and Agreements- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. PKS 07-02 Page 39 of 68 Pages 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building and Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric EWA Enema Wastewater Authority G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LWD Leucadia Wastewater District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit District OHE Overhead Electric OMWD Olivenham Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San D*iego Northern Railway SDRSD San Diego Regional Standard Drawings SFM Sewer Force Mam T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following- Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No. PKS 07-02 Page 40 of 68 Pages 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked 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. f j If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of site drawings included in this contract specification package. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 10/08/03 Contract No. PKS 07-02 Page 41 of 68 Pages 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) City of Carlsbad Supplemental Provisions. 3) Technical Specifications 4) Plans. 5) City of Carlsbad Engineering Standards, 2004 Edition. 6) San Diego Regional Standard Drawings 7) State of California Department of Transportation Standard Plans 8) Standard Specifications for Public Works Construction 9) Reference Specifications 10) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7-9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Revised 10/08/03 Contract No PKS 07-02 Page 42 of 68 Pages Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 (c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. Revised 10/08/03 Contract No. PKS 07-02 Page 43 of 68 Pages 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. \ 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. i The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: Revised 10/08/03 Contract No. PKS 07-02 Page 44 of 68 Pages The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior 'to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Supervisor - Contracts and Agreements 3. Public Works Manager, General Services 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: Revised 10/08/03 Contract No. PKS 07-02 Page 45 of 68 Pages ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. Revised 10/08/03 Contract No PKS 07-02 Page 46 of 68 Pages (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. ^^ (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed f J for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 10/08/03 Contract No. PKS 07-02 Page 47 of 68 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatenng and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. PKS 07-02 Page 48 of 68 Pages Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. ^\ V } The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery, the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No. PKS 07-02 Page 49 of 68 Pages SECTION 6 ~ PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 20 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Pnmavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. Should the Contractor elect to use a scheduling program other than the "Suretrak" program by Primavera or "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00 a.m. and 5:00 p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Revised 10/08/03 Contract No. PKS 07-02 Page 50 of 68 Pages Add the following section: 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. Add the following section: f j 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. Add the following section: 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. Revised 10/08/03 Contract No PKS 07-02 Page 51 of 68 Pages The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1. Add the following section: 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. Add the following section: 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6-1.2.4 "Schedule Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes installing Pedestrian Guardrail as shown on the drawings and as approved in the field by the Project Inspector. Revised 10/08/03 Contract No. PKS 07-02 Page 52 of 68 Pages Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under section 7-6, 'The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. ^ 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion withm_20_ working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work., If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. Revised 10/08/03 Contract No. PKS 07-02 Page 53 of 68 Pages 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Two Hundred Fifty Dollars ($250.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that Two Hundred Fifty Dollars ($250.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows- All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other nghts-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. ' Revised 10/08/03 Contract No PKS 07-02 Page 54 of 68 Pages 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. Revised 10/08/03 Contract No PKS 07-02 Page 55 of 68 Pages SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES Add the following: A field office for agency personnel is not required. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. Revised 10/08/03 Contract No. PKS 07-02 Page 56 of 68 Pages The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/03 Contract No. PKS 07-02 Page 57 of 68 Pages TECHNICAL SPECIFICATIONS FOR POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION PKS 07-02 SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory aluminum Pedestrian Guardrail installation as specified in this contract or on the drawings. The work shall consist of providing and installing aluminum Pedestrian Guardrails in a sidewalk located at Pomsettia Park. The Pedestrian Guardrail will be installed by core drilling an existing sidewalk. Contractor is advised to read these requirements carefully and bid the job according. 2. Work Site The Contract work site is located at the Pomsettia Community park located at 6600 Hidden Valley Road in the City of Carlsbad as detailed in this section, shown in the Appendix, or as shown on the Construction Drawings. Work areas, Special Construction requirements are detailed below. Quantities listed are for informational purposes only Actual quantities shall be verified in the field. 3. Construction Plans (Drawings) No construction plans are included in this contract. Refer to this document and other reference specifications for requirements. 4. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the Special Provisions. Prior to beginning construction, Contractor shall submit emergency phone numbers for the construction superintendent, construction foreman, and all company principals. 5. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies. Owner will have representatives on site to observe and verify compliance with Contract Documents. Contractor shall perform work in a manner not to interfere with operation of said facilities except as detailed in this section. Revised 10/08/03 Contract No. PKS 07-02 Page 58 of 68 Pages Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed weekly schedule of proposed work shall be provided to the Owner each Thursday indicating the work to be performed in the following week. Contractor shall not interfere with normal park operations during the completion of his work. The contractor is advised that the park will be open to the public during his work. Work generating extensive noise dust or intrusion into the public areas of the park should not be scheduled for early morning hours, prior to 9:00 AM whenever possible. 6. Permits, Licenses, Certificates, Laws and Ordinances A. Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. B. California Regional Water Quality Control Board. San Diego Region Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. C. In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. D. Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. 7. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use. Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site. Contractor's equipment shall be removed from the work site and placed in the Contractor's designated storage areas at the end of each workday. No paint, solvents or other liquid materials shall be stored outdoors at any time. These materials must be stored in a locked container or removed from the project site daily. Contractor may utilize storage areas located in the parking lot of Pomsettia Park. The contractor shall provide temporary fencing for any and all storage areas located at the Park site at its expense. Revised 10/08/03 Contract No. PKS 07-02 Page 59 of 68 Pages 8. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials A. Contractor shall perform his operations so that existing improvements including walls, landscaping, irrigation systems, concrete or asphalt paving, park equipment and furnishings adjacent to or in the vicinity of the work site are not damaged. Contractor shall repair and restore any disturbed or damaged improvements, which result from his operations to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense. B. All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner. Owner is obligated to keep visual impact of the work sites to a minimum; therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions. Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper and legal disposal of all waste materials resulting from his operations, including rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies at the Contractor's expense. 9. Construction Water & Power Contractor may utilize the City's water at the construction location for his work. The Contractor is advised that and water sources for his use must be pre-approved 24-hours in advance of his forces utilizing said sources. The Contractor shall provide a generator for electrical power for his work. The Project Inspector shall make the final determination of the suitability and availability of these sources. 10. Progress Schedule Contractor shall submit a schedule per the requirements of SSPWC and shall update this schedule on a weekly basis. The Contractor shall provide this updated schedule to the Project Inspector on Thursday. 11. Salvage Contractor shall meet with the Owner prior to removal of any material or equipment from the park, and the Owner shall designate which material and equipment (if any) are to be salvaged by the Contractor. Salvage shall be delivered, unloaded, and stored by the Contractor as directed by Owner at the Owner's Parks Department Operations Yard at 1166 Carlsbad Village Drive. All other equipment and materials removed shall be considered waste and disposed of by the Contractor. Revised 10/08/03 Contract No. PKS 07-02 Page 60 of 68 Pages 12. Sequence of Work A. Introduction Project Work includes the following major components: Contract Execution and Equipment Submittal, installation of site fencing (if required for Contractor storage), delivery and storage of materials, layout and core drilling of post locations, construction of Pedestrian Guardrail, cleanup of site and demobilization. Some of these project components may be constructed simultaneously. B. General 1. Prior to mobilization or installing temporary fencing, the Contractor shall comply with the following conditions set forth in this specification. • The Contractor shall provide written notice to the Project Inspector of his intent to begin this phase a minimum of 14 Calendar days prior to commencing with this work. 2. Prior to scheduling construction operations at the park, the Contractor shall comply with the following conditions set forth in this specification. • The Contractor shall provide written notice to the Project Inspector of his intent to begin this phase a minimum of 7 Calendar days prior to commencing with this work. • All materials and temporary fencing shall be on site. 3. 14 Calendar days prior to beginning construction operations, the Contractor shall submit in writing his proposed schedule, methods and work locations, including equipment, to the Owner. Said schedule, method, and locations shall be approved by Owner prior to beginning work. 4. Contractor is advised that weekend and after hours work will not be allowed during this project. 5 Contractor shall be responsible for repairing any Owner facilities or equipment damaged as a result of his work performance. Cost incurred by the Owner due to Contractor's failure to maintain said premises and facilities shall be deducted from the Contract. 6. Any proposed modifications to the Sequence of Work provided herein shall be submitted in writing to the Owner for approval. If approved, said modified Sequence of Work shall be implemented by the Contractor at no additional cost to the Owner. Any proposed modifications to the specified Sequence of Work shall reflect the necessary changes in all other project components. Revised 10/08/03 Contract No PKS 07-02 Page 61 of 68 Pages 13. Temporary Pedestrian Barricades and Dust Control Measures 1. The contractor shall erect barricades, traffic control devices, and suitable signage sufficient to close the existing sidewalk from pedestrian access and clearly delineating his work area from other pubic areas of the park. These measures must be of suffi- cient construction to prevent their inadvertent movement by the public during the work. 2. The contractor shall clean any and all dust or materials from his work areas or any areas adjacent to his work areas daily or more frequently if required. The Contractor shall be responsible for costs associated with any damaged landscaping, improve- ments or any other items damaged by failure to adequately control dust or other mate- rials caused by his work. 14. Inspection & Fees 1. Contractor shall bear all costs and fees incurred as a result of inspection services furnished by utilities or others. 15. Compliance with Contract Documents Contractor shall comply with all instructions of Owner to insure compliance with the Contract Documents, including timely completion of work each day, work site clean-up, control of traffic, and placement of signs. If Contractor does not comply with the Contract Documents, then Owner shall provide the required labor, materials, and equipment to perform same and shall deduct the cost from monies otherwise due under the Contract. 1 6. Conditions at Work Site Personal investigation by Contractor is mandatory. Contractor may perform excavations on site prior to bid opening. Contact the Owner to arrange for access to site. Neither the information contained in the drawings, or from Owner, his agents or employees shall act to relieve Contractor from any responsibility in fulfilling any and all of the terms and requirements specified herein. 17. Reference Documents The following documents are available at the Owner's office for review by Contractor. These documents provide information relative to existing facilities and equipment. A. Original Construction Plans for Poinsettia Park. 1 8. Safety Requirement of Equipment Furnished by Contractor The equipment furnished by Contractor shall comply with the applicable requirements of the Safety Orders of the Division of Industrial Safety of the State of California. Copies of the Safety Orders as available at the Printing Division, Documents Section, State of California, Sacramento, California 95814, and any other applicable safety requirements of Federal, State and Local government. 19. Project Duration The total project duration shall be 20 Working Days from the start date indicated in the Notice to Proceed. Revised 10/08/03 Contract No PKS 07-02 Page 62 of 68 Pages TECHNICAL SPECIFICATIONS FOR POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION PKS 07-02 CONSTRUCTION METHODS AND MATERIALS SECTION 05521 - ALUMINUM RAILINGS PART 1 - GENERAL 1.1 WORK OF THIS SECTION A. The WORK of this Section includes providing complete aluminum railing guardrail systems. 1.2 STANDARD SPECIFICATIONS A. Except as otherwise indicated in this Section of the Specifications, the CONTRACTOR shall comply with the Standard Specifications for Public Works Construction (SSPWC). 1.3 CODES A. The WORK of this Section shall comply with the current editions of the following codes: 1. Uniform Building Code 2. General Industrial Safety Order (Title 8) Cal-OSHA 1.4 SPECIFICATIONS AND STANDARDS A. Except as otherwise indicated, the current editions of the following apply to the WORK of this Section: 1 ASTM A320/A320M Alloy-Steel Bolting Materials for Low-Temperature Service 2. ASTM B241/B241M Aluminum and Aluminum-Alloy Seamless Pipe and Seamless Extruded Tube 1.5 SHOP DRAWINGS AND SAMPLES A. The following shall be submitted in compliance with Section 01300: 1. Shop drawings showing details of railings. 2. Layout plan showing post location and spans 3. Engineering calculations for railings, and fasteners or anchors. 4. Samples of systems and samples of color. Revised 10/08/03 Contract No. PKS 07-02 Page 63 of 68 Pages 1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Delivery of Materials: Manufactured materials shall be delivered in original, unbroken packages, containers, or bundles bearing the label of the manufacturer. B. Storage: All materials shall be carefully stored in a manner that will prevent damage and in an area that is protected from the elements as required by the product manufacturer. PART 2 - PRODUCTS 2.1 GENERAL A. Railings shall comply with SSPWC Subsection 304-2.1 unless indicated otherwise. B. The aluminum railings shall be pipe railing system and round pipe and round picket railing system unless otherwise indicated. Railing system shall be grout pocket mounted unless indicated otherwise. C. Railing systems shall meet UBC and Cal-OSHA requirements. D. Railings and handrail brackets shall be designed for the two non-simultaneous loading conditions without exceeding the allowable working stress of the material and without permanent deformation: (1) a 200-pound concentrated load applied to any point in any direction (2) a 50-pound per linear foot loading applied perpendicular to the top rail. E. The allowable working stress shall be 60 percent of the material yield stress for materials that are more than 3 inches from a weld and 40 percent of the yield stress for all materials within 3 inches of any weld. 2.2 MATERIALS ^ A. Guardrail Section: Guardrail construction shall be round tube and round picket. Rectangular construction shall not be permitted. B. Rail Material: Aluminum shall be U.S. Alloy 6063, T-5 or T-6. Top and Bottom pipe rail shall be not less than 1.900 inch O.D., Schedule 40 pipe. C. Post Material: Aluminum shall be U.S. Alloy 6063, T-5 or T-6. Posts rails shall be not less than 1.900 inch O.D., Schedule 40 pipe. D. Welding Rods: Aluminum welding rods shall be of type recommended by the aluminum manufacturer for anodized finished products. E. Fasteners: Fasteners, screws, and bolts shall be concealed and shall be of stainless steel (316 alloy) or aluminum. F. Socket Grout: Non-shrink grout for handrail post sockets shall consist of an inorganic, non-metallic, premixed grout with a minimum 28-day compressive strength of 4,000 PSI. Revised 10/08/03 Contract No. PKS 07-02 Page 64 of 68 Pages 2.3 FINISHES A. Pipe Guardrail System: Pipe guardrail system including pickets, posts, railings, tube caps, and other miscellaneous parts of rails shall be provided with a 0.7-mil clear anodized finish, AA-M32. B. Picket Railing System: Picket railing system including handrails, railings, tube caps,, and other miscellaneous parts of railing shall be provided with a 0.7-mil clear anodized finish AA-M32. 2.4 SUB-ASSEMBLIES A. Height Requirements: Top of upper railing shall be 42 inches above the working surface or finish grade. B. Round Sections: Round tube and round picket railing posts shall be not less than 1.900 inch O.D., Schedule 40 pipe. The posts shall be evenly spaced at 6 feet on centers. Field conditions may require some adjustment of spacing. Pickets shall be not less than .84 inch OD pickets, spaced at 4.5 inches on center. Top rails and railings shall be not less than 1.900 inch OD pipe. Bottom rails shall be not less than 1.900 inch OD pipe. The top railings shall be as long as possible and the post shall not project through the top rails. 2.5 MANUFACTURERS OF RAILING SUB-ASSEMBLIES A. Railing systems shall be manufactured by the following (or equal): 1. Round Tube and Round Picket Railings1 "Baluster Railing", by CraneVeyor Corp. PART 3 - EXECUTION 3.1 COMPONENT SYSTEMS A. Unless otherwise indicated, aluminum handrails and railings shall be component systems, installed complete and ready for use with all sleeves, grout, sealants, anchors, attachments, balusters, brackets, caps, fasteners, gates, posts, sleeves, trim, and all other related items required or necessary for the complete installation. 3.2 CRAFTSMANSHIP A. WORK shall be performed by craftsmen experienced in the fabrication of architectural metal work. Exposed surfaces shall be free from defects or other surface blemishes. All dimensions and conditions shall be verified in the field in advance. All joints, junctions, miters, and butting sections shall be precision-fitted, with no gaps occurring between sections, and all surfaces shall be flush and aligned. Revised 10/08/03 Contract No. PKS 07-02 Page 65 of 68 Pages 3.3 ALIGNMENT A. Extruded, case, molded, or bent work shall be straight and with true edges. Railings shall be installed with continuous top rails, without post projections or other obstructions. 3.4 FABRICATION A. Pipe cuts shall be clean, straight, square and accurate for minimum 1/8-inch joint gap. WORK shall be done in conformance with the handrail manufacturer's instructions. WORK shall be free from blemishes, defects, and misfits of any type which can affect durability, strength, or appearance. B. Aluminum items in contact with concrete or steel or embedded in concrete shall be provided with an electrolysis protective material. The protective material shall be applied to the aluminum surface which will be in contact with the dissimilar material. Protection material shall be pressure tapes, coatings, or isolators. C. Metal to be embedded in concrete shall be placed accurately and held in correct position while the grout is placed. Railing post shall not be installed until after concrete has attained it's design strength. D. Posts shall be provided with weep holes for condensation drainage within 3/16-inch of the finish floor. 3.5 WELD FINISH A. Exposed welds shall be ground smooth and flush and shall be polished and anodized. Discoloration of exposed aluminum surfaces, whether or not due to welding, shall constitute a basis for rejection of the entire assembly. 3.6 EXPANSION/CONTRACTION A. Exterior railing systems shall provide for 1/4-inch expansion and contraction per 20 linear feet of railing. 3.7 FASTENER FINISH A. Stainless steel fasteners shall be painted to match adjacent aluminum finishes, except fasteners at clear anodized railings or elements shall not be painted. Revised 10/08/03 Contract No PKS 07-02 Page 66 of 68 Pages POINSETTIA PARK PEDESTRIAN GUARDRAIL INSTALLATION PKS 07-02 SITE PLAN Revised 10/08/03 Contract No. PKS 07-02 Page 67 of 68 Pages f 11' ' ' " '1 1^ ••' '-"•'I I i& li i •• i mm i MM i •• t!M i mm \ mm \ Jt— BASKETBALL COURTS POINSETTIA PARK GUARDRAIL SITE PLAN GUARDRAIL LOCATION x •;:.--.•>;:.>,- '-^ Revised 10/08/03 Contract No. PKS 07-02 Page 68 of 68 Pages