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Home My WebLink AboutGypsy Queen Inc; 1999-04-14; 3391-4$5.. . - Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. 2448 DOC2 2000-0036808 JfW 25s 2000 11:OO AM i tFFECIM RECORDS ; SMDIEGOMWYRENRDER'SOFfICE ) 1 ; > Carlsbad, CA 92008 ) Space above this line for Recorder’s Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on December 28, 1999. 6. The name of the contractor, if any, for such work of improvement is Gypsy Queen, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as the construction of the Sidewalk Improvement Project on Chestnut Avenue and Valley Street, Project No. 3391-4. 8. The address of said property is within the limits of the City of Carlsbad. CITY OF CARLSBAJD -75&l - Publiclgy6rks Director/City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on January 18 2000, accepted the above described work as completed and ordered that a Notice of Completion be filkd. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 19 , 2000, at Carlsbad, California. CITY OF CARLSBAD LORRAINE M. WOOD, City Clerk EXHIBIT 3 CITY OF CAR San Diego County CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR ~~D~ALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALL~ STREET TRACT NO, 33914 Page 1 of 95 Pages TABLE OF CONTENTS item Paae NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 BID SECURITY FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR & AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 DESIGNATION OF SUBCONTRACTOR 8, AMOUNT OF SUBCONTRACTOR’S BID . . . . . . . . . ...23 DESIGNATION OF OWNER OPERATOR/LESSOR 8, AMOUNT OF OWNER OPERATOR/LESSOR WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY. AUTOMOTIVE LIABILIlY AND WORKERS’ COMPENSATION . . . . . . . . . . . . . . . . . . . ..a....... 27 BIDDER’ S STATEMENT OF RE-DEBARMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMIlTED WITH BID . . . . . s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 CONTRACT PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 FAITHFUL PERFORMANCE/WARRANTY BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION (OPTIONAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 SPECIAL PROVISIONS SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS . . . . . . . . . . . . . . . 67 ’ 43 7117198 Contract No. 3391-4 Page 2 of 95 Pages -- APPENDIX 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 c- -- -- -- -- -- SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 ‘# 7/l 7198 Contract No. 3391-4 Page 3 of 95 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008-1989, until 4:00 P.M. on the 3ti day of December, 1998, at which time they will be opened and read, for performing the work as follows: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET CONTRACT NO. 33919 The work shall be performed in strict conformity with the specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction Standard Soecifications for Public Works Construction (1997 Edition. and the 1998 suoolement theretoJ all hereinaft r f designated ‘SSPWC” as issued by the Southern California Chapter of the American Public Wor s Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, 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, properly executed and notarized are: v3 7/l 7198 Contract No. 3391-4 Page 4 of 95 Pages -- 1. Contractor’s Proposal .\ 2. Bidder’s Bond / 3. Non-Collusion Affidavit -- 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and Experience 8. Certificate of Insurance 9. Bidder’ s Statement Re Debarment 1 O.Bidder’s Disclosure Of Discipline Record 11 .Purchasing Department Representation and Certification. 12.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 $440,000. -- No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. The following classifications are acceptable for this contract: “A” in accordance with the provisions of state law. -- If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a- later date. -- Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundable fee of $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. 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 coy of which will be mailed or delivered to each person receiving a set of the contract documents. No addition to, or modification of or interpretation of any provision in the contract documents will be given orally nor may any bidder rely on oral directions. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined- by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. ‘3 7117198 Contract No. 3391-4 Page 5 of 95 Pages c- -- _-- -- -- -- -- -- c- -- 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 be held at the intersection of Valley Street and Basswood Avenue, at I:30 p.m. on Thursday, November 19,1998. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Bonds to secure faithful performance and warranty of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%) respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Special Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer’s receipt of a request to submit the statements. Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Key Rating’ Guide of at least A-%, and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. ‘r? 7/l 7198 Contract No. 33914 Page 6 of 95 Pages -- P- -- Workers’ compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best’s rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers’ compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-331 , adopted on the 13th day of OCTOBER ) 19 98 +. -- Date / -- c- -- -- ‘:g 7/l 7198 Contract No. 33914 Page 7 of 95 Pages c- -- CITY OF CARLSBAD c- c.. SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET CONTRACT NO. 3391-4 c- -- -- 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, Special 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. 33914 in accordance with the Plans, Specifications, Special Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: c- -- Item No. DescriDtion Approximate Quantity and Unit Unit - p&g A. VALLEY STREET (FROM BASSWOOD AVE. TO 300’ NORTH OF OAK ST.) -- 1 4 -- 5 -- . vg Traffic Control at VW- 4-t.wlAsarhd Dollars (Lump Sum) Clear & Grub at %~--h fl’ Q,Vl,b I Dollars per Square Foot Tree Removal at Dollars Each Tree Root Trimming & Install Root Barrier at Dollars per Linear Foot Grind Existing A.C. Pavement at S4tAo?4 c.efl+tS . Dollars per Square Foot 1 LS 10,500 SF 12 EA 50 LF 4,620 SF 7/l 7/98 Contract No. 3391-4 Page 8 of 95 Pages LcbOO? -0 YO. 4oOPG 13 00 JO Total 4 000, a0 ct 2 CKP Y%ooPG LSOPO 3234”” -- Approximate Item Quantity Unit No. DescriDtion and Unit Price A. VALLEY STREET (FROM BASSWOOD AVE. TO 300’ NORTH OF OAK ST.) 6 -- 7 0 -. -- 9 -- 10 -- 11 12 -- -- 13 14 -- /c Hydroseed at I UQJN- untc. 8,380 SF Dollars per Square Foot Sawcut Existin Pavement at ow CL 01 o&-HA ef-L\1 c- 4n e 45 1,613 LF I Dollars per Linear Foot Remove Existing Curb & Gutter at WLao &A~P~ k-h teds 875 LF Dollars per Linear Foot Relocate Street Sign .at OlAQ~h~d(Tgn 4 EA Dollars Each Relocate Chain Link Fence at 10 LF Dollars per Linear Foot Relocate Mailbox at 12 EA Dollars Each Adjust Water Meter to Grade, CMWD Std. W3 at 5 EA J Dollars Each Adjust Sewer Lateral Cleanout to Grade CMWD Std. S7 at 3 EA L4.r h-u wk d Dollars Each Relocate Water Sample Station at -l-w0 -?hmJLS~nnd 1 EA gmm@” 2, amy” Dollars Each a 1% \,3d 2.s” \OO,@ 5 0 od I 2 6Oi”” 4ocP” \87%$ a, 1-o cm., OU+. c- Irf% 7117198 Contract No, 33914 Page 9 of 95 Pages -.. -- -- c- c. 7. c- -- -- -- Approximate Item Quantity Unit jy& Description and Unit pr&g A. VALLEY STREET (FROM BASSWOOD AVE. TO 300’ NORTH OF OAK ST.) 15 16 17 18 19 20 21 22 23 Relocate Fire Hydrant CMWD Std. 12 at --Lo3 tit. \nwd Dollars Each Retaining Wall per SDRSD C-2 at \tl-(r I Dollars per Square Foot Construct PCC Curb & Gutter, SDRSD G-2, Type G at Dollars per Linear Foot Construct PCC Sidewalk, SDRSD G-7 7-m &b&MS F&-h rwrtS Dollars per Square Foot Construct PCC Driveway C.C. Mod. SDRSD (G-14) at %ue Dollars per Square Foot Construct PCC Driveway (Private) at C&e Dollars per Square Foot struct AC Driveway at Dollars per Ton Tstruct Red Brick Driveway at efi Dollars per Square Foot %:;stct$C Pavement at Dollars per Ton 2 EA 696 SF 1,515 LF 11,040 SF 2,825 SF 2,946 SF 50 TONS 325 SF 226 TONS \ 206,0” a Go a 70,0° 60,” I3 ‘ sGo‘oo v3 7/17/98 Contract No. 3391-4 Page 10 of 95 Pages -- -- -- -. -- -- -- C. -- Item Approximate Quantity Unit 24 25 26 27 28 29 30 Descriotion Price A. VALLEY STREET (FROM BASSWOOD AVE. TO 300’ NORTH OF OAK ST.) ;;;;tzct Caltrans Class 2 Aggregate 322 TONS 20 boo b.Nnh Dollars per Ton Construct AC Pavement qyp+3.Joe 1 I Dollars per Ton Construct Pedestrian Curb Ram at Dollars Each 277 TONS 55, 0o \ 5,23 so0 9EA Remove and Relocate Sewer Lateral Cleanout, CMWD Std. S 4rIPhfl hua&r I Dollars Each 16 EA Dollars (Lump Sum) Remove and Relocate Water Meter to Grade, CMWD Std. W3 at r* u-n c&LA, Dollars Each Construct Curb Outlet per detail #l at 1EA ,a-et3 huadred Dollars Each 4,900,“” 750”” ( 2, mLoo KYoo,oo I500,“” 1 LS ~000‘“” ~moloo 13EA 60 OcJ ‘ 78 001” O a 7/l 7198 Contract No. 3391-4 Page 11 of 95 Pages -- -- -. Approximate Item Quantity Unit &!A Descriotion and Unit Price m B. CHESTNUT AVENUE(FROM EL CAMINO REAL TO 300’WEST OF DONNA DRIVE) 1 1 LS 3(?61,35 2 5;\&4 -mt% &h-S Y-h, +t Gl Ix tenf; Dollars (Lumi Stm) Clear & Grub 52,570 SF 3961 35 c -30 P0 1777 -- 3 C. 4 -- 6 -- 8 -- Dollars per Square Foot Tree Removal at go uif kudvQ& Dollars Each Tree Root Trimming & Install Root Barrier at I/\w/tetw Dollars per Linear Foot Dollars per Square Foot Hydroseed at T-bJ~ b-L cevt-t-5 Dollars per Square Foot Sawcut Existin Pavement at me &dQ L) 7, f-WI& h/Q u&n-s Dollars per Linear Foot Remove Retaining Wall at mu&-/ Dollars per Square Foot Dollars per Linear Foot 6 EA 41Qoo 2? ctOo,oo 50 LF 1 3‘0° 65P 5,560 SF cab< 36\u” 13,020 SF 1,903 LF 40 SF 325 LF \%a” 237P ss 7117198 Contract No. 3391-4 Page 12 of 95 Pages -- c- c- -- Approximate Item Quantity Unit No. Descriotion and Unit Price. Total B. CHESTNUT AVENUE(FROM EL CAMINO REAL TO 300’ WEST OF DONNA DRIVE) 10 c- 11 12 c- 13 *- -- 14 15 -- -- c- 16 Construct PCC Curb & Gutter, SDRSD 17 Relocate Street Sign at oh/ vuAd!/d Dollars Each Dollars Each Remove & Relocate Water Meter, CMWD Std. No. W3 at 0,w.m hwu\hve Dollars Each Relocate Air Vacuum Valve Assembly & Appurtenance CMWD Std. W7 at uo +huuLnb Dollars Each Dollars per Linear Foot Adjust Existing M-10 Monument to Grade at Flu-P_ L+w-uLv.eA Dollars Each Dollars per Linear Foot Construct PCC Sidewalk, SDRSD G-7 13EA 11 EA 21 EA 2 EA 20 LF 3 EA 1,725 LF 11,436 SF at -Lwo AC? 1\ CWS Jxkl c4& uollars per square I-oot mo‘ uo 1 OOboo 7ooP” ~000P” 3V” 5oO‘ou 14 .OO \q?-g 03 L * \IOO.OL’ \~,?OO,oo 9,600.“’ ?OCP \ 5o01*o g-k, (50°” 2 8: s9o,6o rl% 7117198 Contract No. 3391-4 Page 13 of 95 Pages -- Approximate Item .Quantity Unit No. Description and Unit Price Total B. CHESTNUT AVENUE(FROM EL CAMINO REAL TO 300’ WEST OF DONNA DRIVE) c- -- 18 2,100 SF Construct PCC Driveway C.C. Mod. SDRSD (G-14) at llQ/ -- Dollars per Square Foot 19 Construct PCC Cro_ss Gutter at 1,070 SF 35 TONS 1,116 SF 140 TONS 201 TONS Dollars per Square Foot -- 20 -- 21 -- -.- 22 Construct AC Driveway (Private) at Dollars per Ton 5?j80.60 Construct PCC Driveway (Private) at Dollars per Square Foot d306 Construct AC Pavement at -&Y”ee Dollars per Ton c- -- e- ZY 23 Construct Caltrans Class 2 Dollars per Ton t AC Pavement (Overlay) at I 30 00 L 24 554 TONS 6EA Dollars per Ton I” 100PO 6 L6m? 25 nstruct Pedestrian Curb Ramp at 9AJ 9/n h.$&ndhtL -- Dollars Each . ?3 7/17/98 Contract No. 3391-4 Page 14 of 95 Pages a-- 7- Approximate Item Quantity Unit No. Descriotion and Unit Price Q@l B. CHESTNUT AVENUE(FROM EL CAMINO REAL TO 300’ WEST OF DONNA DRIVE) 26 -- -- 27 28 -- 29 -. -- 30 c- 31 Construct Curb Outlet per details #3 2 EA ( a.oaoo iiv-Km,od Remove & Relocate Sewer Lateral Cleanout, CMWD Dollars Each all per SDRSD C-2 at Dollars per Square Foot Dollars (Lump Sum) A.C. Sidewalk (2” thick) at s PUO n-S-J Dollars per Ton 6” A.C. Berm, SDRSD G-5 type A at Dollars per Linear Foot Dollars Each 15EA ~cx3 ‘ 820 SF 30,“” 1 LS 3ooo,m 18 TONS 70,06 6 00 305 LF ‘ 3 lcmOpa I%30 w \ Total amount of bid in words: < LLT L I 1 VI&&A +[I I 0 ,n& - Seu 4.q I -- Total amount of bid in numbers: $ 4 27, q-7 q. 00 . -- -- 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 omisbion on the part of the Undersigned in preparing this bid. OPENED, WITNESSED AND RECORDED: I’ cz- +-rY DATE S& -- a 7/17/98 Contract No. 3391-4 Page 15 of 95 Pages -. -- -- -- 7. -. C. 7 c. -- The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a ontractor within the State of California alidly licensed under license numb?r 3;lm ,!22slq7 2 , classification rc3,, fi y which expires on , and that this statement is true and correct an affidavit. A bid submitted to the City by a Contractor who is not licensed as a Business and Professions Code shall be considered nonresponsive and shall be rejected by the City 9 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 (Cash, Certified Check, Bond 0) ,c\ &e,AJ 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. C. .- ‘3 7/17/98 Contract No. 3391-4 Page 16 of 95 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: -- -- c- c- (3) Place of Business (Street and Number) -- -- -- -- c- -- ,- (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) City and State (4) Zip Code Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted & 0511 fiw cb pa, (2) (Signature) (Title) Impress Corporate Seal here . . . . . . . . . C- ‘r# 7/17/98 Contract No. 3391-4 Page 17 of 95 Pages c- -- (3) Incorporated under the laws of the State of eoc\ (4) Place of Business \533 E, 2++ Sk* (Street and Number) City and State ~c&--i am.\ ?! & c 8 \ (5) zip Code 9isso Telephone No. Gdq 474-Ft3ci;g c- NOTARIAL ATTACHED -- ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE -. -- List below names of president, vice president, secretary and assistant secretary, if a corporation; if a pmrship, list names of all general partners, and managing partners: -- -- -- -- ‘3 7117198 Contract No. 3391-4 Page 18 of 95 Pages BIDDER’S BOND TO ACCOMPANY KNOW ALL PERSONS BY THESE PRESENTS: l-1 Bond +J. CBBI 5054 PROPOSAL - That we, GVDSV Queen. Inc. as Principal, and National American Insurance Companv as Surety are held and firmly bound u’nto the City of Carlsbad, California, in an amount as follows:’ (must be at least ten percent (10%) of the bid amount)> Percent (10%) of the Amount Rid 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: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET, CONTRACT NO. 3391-4 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 bounds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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 thisA day of--nzevnbea J PRINCIPAL: GVDSV Queen, Inc. ,19s. (Title and Organization of Signatory) By: (sign here) (print name here) (title and organization of signatory) Executed by SURETY this 2nd day of December ,19$& SURETY: National American Insurance Comoanv (name of Surety) c/o Shaw & Hren. Suretv Bond Aaents: 2247 San Diego Ave., #I35 (address of Surety) San Diego, CA 92110 (619) 297-2888 (Signature of Attorney-in-Fact) Jerome L. Hren (printed name of Attorney-in-Fact) -- (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 corporation, 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: 7/l 7i98 Contract No. 3391-4 NATIONAL h’lERli=AN INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY /- XNALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: “Resolved, that any officer of the Company shall have authority to make. execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons, firms, or corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power ofAttorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached.” National American Insurance Company does hereby make, constitute and appoint Jerome L. Hren . c PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Gypsy Queen, Inc. P.O. Box 2910, National City, CA 91951-2910 L i EFFECTIVE DATE 12/02/98 , i CONTRACT AMOUNT &V/A BOND AMOUNT $TEN PERCENT (10%) OF THE AMOUNT BID its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($l,OOO,OOO.OO) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any offtcer of the Company and its Corporate Seal to be hereto afftxed. NATIONAL AMERICAN INSURANCE COMPANY W. Brent LaCere, Chairman & Chief Executive OfBcer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) ss: On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal afiixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. Notary Public STATE OF OKLAHOMA ) My Commission Expires August 30,1999 COUNTY OF LINCOLN ) ss: - I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached 1 ER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 2nd day oDecember ,198 Winifred E. Mendenhall, Assistant Secretary CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF ) On, 12-03- 4 K beforeme, (lr\~~ti g, ~UI=MO - ’ DATE NAME, TlTLe OF OFFICER -‘f?.G., “JANE DOE, NOTARY pu6Ltc’ personally appeared3 1 sc A \ 9 2. FJ w o, c A 5 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) TITLE OR TYPE OF DO CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF ‘&I m ta40 \ 1 On, la-C3 -9 8 DATE before me, m a YU ?. , # \cs\fi - ’ NAME, TITLE OF OFFICER -Y?.G., “JANE DOE, NOTARY PUBL~ personally appeared, ?3rEa\le, -& FdwasX personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CAeiFORIhA AiLPURPOSE ACKNOWLEDGMENT State of Cglifornia County of San Diego On December 2, 1998 Data personally appeared before me, Melanie Anderson, Notary Public Name and Title of Officer (e.g.. “Jane Doa. Notary Public”) Jerome L. Hren Name(s) 01 Signer(s) !Xl personally known to me - OR - 0 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 Nolaly 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: Bid Bond No. CBB15054 Document Date: December 2, 1998 Number of Pages: (l) One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Jerome L. Hren Cl individual 0 Corporate Officer Title(s): El Partner - Cl Limited Cl General !Xl Attorney-in-Fact 0 Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: National A'merican Insurance ComDanv Top of thumb here Signer’s Name: q Individual Cl Corporate Officer Title(s): 0 Partner - Cl Limited Cl General •! Attorney-in-Fact Cl Trustee 0 Guardian or Conservator q Other: Signer Is Representing: Top of thumb here 0 1994 National Notary Association l 6236 Rammet Ave.. P.D. Box 7164 - Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder : Call Toll 1-600-676-6627 c- r- P-- BID SECURITY FORM (Check to Accompany Bid) (NOTE: The following form shall be used if check accompanies bid.) e- r- -- c- Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ )I 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 Perfonance, 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. c- c- c- -.. 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.) f- rf% 7117198 Contract No. 3391-4 Page 19 of 95 Pages -. -. GUIDE FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section l-2 of the SSPWC and of the Special Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”, “Contract Price”, “Contract Unit Price”, “Engineer”, “Subcontractor” and “Work” and the definitions in section l- 2 of the Special Provisions especially “Own Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Special Provisions. CAUTIONS 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 other than the Contractor’s own organization will be rejected as non- responsive. - c -. ~~ 7117198 Contract No. 3391-4 Page 21 of 95 Pages INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to complete the Work. All items of information must be completely filled out. Where the bid item will be installed by more than one Subcontractor or Owner Operator/Lessor the percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being listed in the line of the form must be entered under the column “O/O of Item by Sub” or “O/O of Item by O+O” as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installed. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport for materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor as the case may be, installing them. The value of material incorporated in any Subcontracted or Owner Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as any part of the portion of the work that the Contractor is required to perform with its own organization. The item number from the “COtiTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid Item No.” column. When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The number of additional form pages shall be entered on the first form page of each type so duplicated. Bidder may, at its option, combine bid items on a single row in the chart on the disclosure forms. If -. using this option the Bidder must indicate the bid item numbers to which the information in the row pertains. This option may not be used where the subcontractor or Owner Operator/Lessors -- constructing or installing less than 100 percent of a bid item. The percentages and dollar amounts may be the sums of the bid items listed in that row. -- - When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder must attach an explanation sheet to the designation of subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet must clearly apprise the Agency of the specific tasks, materials and/or equipment that are proposed to be so supplied. -- Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and these Special Provisions. The decision of the City Council shall be final. c- c ‘3 7/17/98 Contract No. 3391-4 Page 22 of 95 Pages i I I I I I I I 1 I 1 1 3 1 1 DESIGNATION OF SUBCONTRACTOR AND rC AMOUNT OF SUBCONTRACTOR’S BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: m q L c w 10 c su2-u r? \klG- TA-K‘ Complete Address: 5731 -?cLher ((XL/i, swk G- ac SbOd ca Street 4amg City State Zip Telephone Number plus Area Code: 760 sg- \72-6 .- California State Contractors License No. & Classification: Is WA\ Carlsbad Business License No.: rrsls am SUBCONTRACTORS BID ITEMS I I Amount of Item Amount of Item by Overhead & Profit Exnlanation: Column 1 - Bid Item No. from the bid proposal, pages 8-15. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the f ! item on bid proposal pages 8-15. I 1 ‘3 7117198 Page \ of Y pages of this form Contract No. 3391-4 Page 23 of 95 Pages I I 1 I I I I I I I I I I I 1 1 1 1 1 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specrfications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: I al&-s avh-e k Cu*tr\C Complete Address: 5 5 9 cd\IQ de CrcA-o 5q tyhrco 5 City State Street saC6q Zip Telephone Number plus Area Code: 7 60 7 yq - / 67 9 California State Contractors License No. & Classification: &636646 06 _ Carlsbad Business License No.: qhuh-4, SUBCONTRACTORS BID ITEMS Overhead & Profit ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 8-15. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 8-15. Page g, of pages of this form Contract No. 3391-4 Page 23 of 95 Pages 1 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS 1 The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the 1 Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. 1 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and 1 section 4100 et seq. of the Public Contracts Code “Subletting and Subcontractlng Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. I Full Company Name of Subcontractor: IrnCI , Ytfi\c.. ! ’ I Complete Address: % 204 7~0 d th r,+ (or/\ Q &!, S!--e 0 PcxwlGd~ (aA Street ~Osj I City State ZP Telephone Number plus Area Code: 7 6 0 zt33- 7\\9 f _- I I ,- I California State Contractors License No. & Classification: A h5355+ Carlsbad Business License No.: SUBCONTRACTORS BID ITEMS Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price item on bid proposal pages 8-15. Page 2 of 4 pages of this form of the ) a ?/V/98 Contract No. 3391-4 Page 23 of 95 Pages I :I 1 I! ‘1 r- DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additionai copies of this form may be attached if requrred to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submItted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portIons of the Work as designated in the list in accordance with applicable provisions of the specrfications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontractlng Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: !w ~XCA.\ CG\ sf r\o\nc1 \ Complete Address: i 0 \ % 3 ad ssf wt. * \ Cc& CR Street n 4m2 \ City State ZP Telephone Number plus Area Code: r4 3 -L;,7YC California State Contractors License No. & Classification: u ca~3 c3a Carlsbad Business License No.: SUBCONTRACTORS BID ITEMS $ f I J I $ f Exdanation: Y-7 Column 1 - Bid Item No. from the bid proposal, pages 8-15. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the :,-- -- L:-l -----. ! 0 ,c IC- -- -. F- -. -. c-l -. DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Complete Address: Street City State Zip Telephone Number plus Area Code: California State Contractors License No. 81 Classification: Carlsbad Business License No.: SUBCONTRACTORS BID ITEMS C. -. Bid Item Amount of Item Amount of Item by Overhead & Profit No. Subcontracted Contractor Amount f : x $ $ $ s $ s I% I% II II i% Ii I% II ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 8-15. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 8-l 5. r Paw - of pages of this form -. ‘3 7/17/98 Contract No. 3391-4 Page 23 of 95 Pages -. ?. -. -. DESIGNATION OF OWNER OPERATOR/LESSOR AND AMOUNT OF OWNER OPERATOR/LESSOR WORK The Bidder MUST complete each information field on this form for each owner operator/or Lessor (O+O) that it proposes to use to perform any portion of the Work. Additional copies of this form may be attached if required to accommodate the Contractor’s decision to use more than one subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Except for the individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to perform any portion of the Work. The Bidder further certifies that no changes in the Owner Operator/Lessor listed work will be made except upon the prior approval of the Engineer. Provide a separate sheet for each Owner Operator/Lessor. See section 1-2 of the Special Provisions for definition of Owner Operator/Lessor. Full Owner Operator/Lessor Name: Complete Address: Street -. City State Zip Telephone Number plus Area Code: I 1 - City of Carlsbad Business License No.: -. -. -. -. OWNER OPERATOR/LESSOR WORK ITEMS 7. -- ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages 8-15. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the overhead and profit for the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 8-15. /- -. ‘r# 7/l 7198 Contract No. 33914 Page 24 of 95 Pages Gypsy Queen Inc. Batance Sheet -As offkcembef3,1998 Dec3.38 ASSETS Current Assets Checking/Savings lJnkmBank Total Checking/Savings Accounts Receivable Accounts receivable Total Accounts Receivable Other CurrentAssets Shareholder loans Property taxes Utilities Shareholder loans - Other Total Shareholder loans Undeposlted Funds Total OtherCurrent Assets 97,114.36 97.11436 -54,919.12 -54‘919.12 3.408.84 2,847.M 64,678.93 70,932.79 149,088.47 22OQ21.26 Total Current Assets 262.216.50 Fixed As&s Accum Deprec Equipment Offiie equipment Trailers Vehicles Total Flxed Assets -47,977.w 11,426.37 lQ578.22 15,750.W 47,966.26 37,745.85 TOTAL ASSETS 29W62.35 LlABlLlTlES 8, EQUITY Liibilllies Current Llabllltles Other Current Liabilities CC Shareholder loans Payroll taxes payable Total Other Current Llabllltles 10,560.00 48J25.78 58.875.78 Total Current Liabilities Long Term Llli Deferred taxes Ford Credit Western Financial 58,875.78 Total Long Term Llablllties 13q42.00 10,194.79 -17.10 23.519.69 Total Liabilities 82.335.47 Equity Capital Stock Opening Bal Equity Retained Earnings Net Income 1O,ooO.W 5,778.86 4q293.84 161,489.18 Total Equity 217,566.88 TOTAL LlABlLlTlES 8 EQUITY 299,962.35 .- BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) -. -. Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. C. -. c. -. -. -. *- C. ?3 7117198 Contract No. 3391-4 Page 25 of 95 Pages Gypsy Queen inc. P.O. Box 2910. Natiu~~I City, CA 31951-2910 RW4MC of Matthew & l’rida Fdwwds 1979 Canm Pmdeltcm. Ho&al lm~~rovexnents. $ 4.700.00 1989 1990 1990 1991 1993 1994 1994 1995 1995 1996 1996 1997 1997 1997 1997 1998 1998 1998 1998 1998 1998 1998 1998 1998 1998 h4ri. Harder, l&J sq: A. Ked;vocd Deck. 7;000.00 City ofCI101a Vista, Kcmodcl of two Imum. 42,w.N.oo Cal-l‘rans Shoshonc, km&l Maintmancc S%op. 36,OWOO Cal-‘[ram San Onofiq Kcnmdcl ‘t‘ru& inzpu: shop. ~pMO# Mono County, ConstruUion of bus sheitem. 43,000.00 City of San l&go, Km&l Ckmn l&A Kcc.Curtcr 44,v.lo.oo San l>icgo %atc University, c0nmX.c SXairway. 15,000.00 U.S. Mark Cap, hcrgy lnprovcumts. 28,000.00 County of San Diego, Kemodel ‘l‘orrey Pines H. School. 112,000.00 San Dicgo S%atc Univusity, Domitoty Kcmodcl. 7cqYJ0.00 City of San Dicgo Shu%board Courts. 15,000.00 l&Aid Avc lkmmtaq School, Kiylumb. 70,000.00 Naval Amphibious Base, Kemodel Wd24. 180,000.00 Naval Amphibious l&c, ‘I’~ fidd. 160,000.00 Custom home 3000 sqft. Lktionary Hill. 210,000.00 SL)SU Parking Skucturc, K&o% 27,000.00 Naval ‘l‘raining Cknt~& Ofticers Club. 90,000.00 Naval S~atien 32nd St. Window rylacc & Elcc. 30(1,000.00 Naval S%at.icn End 5X. Window rcplacc Hid. 68. 275,OOWO Naval I’raining Ccntcr, Window rcplaccmcntx. 290,000.00 Weat Fork d&&m Cent.+ Housing 320,000.00 city of clmla vista, Park K&b. w1,000.00 San L)kxo S’ University, slope stabilization. 270,000.00 De1 Mar Park, Tot Lot, & Improvements. City of San Diego, Slope Stabilization @ Ocean. County of San Diego, Radio Tower. Metro. Trans. Dev. Board, Trolley Rehab. Port of San Diego, Tree Grates, Shelter Island. UCSD SlO, Library Stacks. City of San Diego, All Weather Walkways. City of San Diego, Mariners Point Picnic Shelter. City of San Diego, Vacation Island Playground. City of Escondido, Iris Sankey Magical Trails. City of Imperial Beach, ADA Improvements. City of San Diego, Erosion Control Pt. Loma CCDC, Metal Bollards & Signs @Child. Park MTDB, LRT extention sign project City of Coronado, ADA Playground upgrades City of San Diego, Mission Bay Tot Lot lmprovement City of Chula Vista, 3rd Ave.improvements Lemon Grove School Dist. City of El Cajon, Bike Path Alpine Community Center, Tot lot Alpine School Dist. Playground CCDC, Beech St. Improvements Cal Trans Ramp Improvements De1 Mar School Dist Playground Japenese Friendship Garden 170,OQ0.00 120,000.00 45,ooo.oo 225,ooo.oo 49,000.oo 167,OOO.OO 125,000.oo 58,300.OO 62,OOO.OO 377,ooo.oo 299,OOO.OO 42,900.oo 24800.00 25 1,ooo.oo 110,500.00 61,500.OO 28,950.OO 43,327.OO 161,480.OO 98,OOO.OO 250,OOO.OO 75,ooo.oo 222,OOo.oo 77,462.OO 209,000.00 *Awarded, in progress Gypsy Queen Inc. P.O. lbx2910. NationalCity, CA91951-2910 .- Matthew & Priscilla Edwards City of Chula Vista, 3rd. Ave lmprovements Contact: Richard Talley 476-5385 Contact: Byron Wade 476-5385 Contact: Robert Sauscedo 476-5385 City of El Cajon, Bike Lane Contact: Taylor Coffroth 44 1- 1653 City of San Diego, Mission Bay Tot Lot Contact: Ramin Hatam 627-3243 Lemon Grove School Dist., School Imp. Contact: Ken Fine 589-5626 City of Coronado, ADA Playground upgrades Contact: Armando Mora 522-7383 CCDC, Metal Bollards & Signs @Childrens Park Contact: Gary Bosse’ 553-7140 City of San Diego, Mariner Pt., Vat. island playground, Slop Stabilization, stairs, . Contact: Kathryn Fulhorst 296-9868 Contact: Vern Noble, Pat Nila, 525-8243. Metro Trans. Dev. Board, Trolley rehab. LRT-416.3 Contact: Mark Rolland 557-455 1 Contact: Bill Prey 23 l- 1466 City of San Di ego, Erosion Control, Pt. Loma,OB ret center Contact: Steve Frick 627-3275 Contact: Dave Schwartz 627-3236 Unified Port Dist. Tree Grates Shelter island. Contact: Mahmoud Akhavain 686-6248 City of Escondido, Iris Sankey Majical Trails Contact: Neil Greenwood 741-4664. County of San Diego, West Fork Housing. Contact: John Rising 694-2056 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE c- -\ I- -- (To Accompany Proposal) 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. -- -- c- L- Name and Address No. of Person -- -- c- 1 I -- c- /- ’ rl% 7117198 Contract No. 3391-4 Page 26 of 95 Pages --? AW ’ CERTIFICATE OF LIABILITY INSURANCE ,‘ROUUCER .L MARK RUBIN INSURANCE I ALL COMMERCIAL INSURANCE SERVICES 6313 NANCY RIDGE DRIVE SAN DIEGO CA 92121 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 619/642-0200 FAX: 619/642-0206 _----.-~~ --.-- SURED GYPSY QUEEN, INC. P.O. BOX 2910 NATlONAL CITY CA 91961-291 COMPANIES AFFORDING COVERAGE COMPANY --j- /q+p- x A PROGESSIVE COMPANIES COMPANY B .- - -- ---__ COMPANY C - COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHObW MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE COMMERCIAL GENERAL LlASlLlPl CLAIMS MADE ALL OWNED AUTOS NON-OWED AUTOS POLICY NUMBER 8083798.1 _.-- POLICY EFFECTIVE 1 POL!CY EXPIRATION DATE (MMIDDIW) I DATE(MMIDDIW) LIMITS GENERAL AGGREGATE IS PRODUCTSCOMPlOP AGG ’ - -.;5 ‘PERSONAL 8 ADV INJURY / 5 / __ ___----_--__---- i EACH OCCURRENCE 5 !.---.----.. ----- ) FIRE DAMAGE (Any One Fse) / 5 ___ _._. ._._. ---.-L .--~..---- ! MED EXP (Any One Person) 5 COMBINED SINGLE LIMIT S DEC 5 97 / DEC 5 98 __._~ .- .~ __ __-..-_.--_ I BODILY INJURY (Per person) S l,OOQ,QQQ r-.-- .-... -.. .- ---.-- ..--.-- / BODILY INJIJFY 5 0 per ac.clden0 PROPERTY DAMAGE ‘5 0 ANY AUTO ErGt Lm AUTO ONLY. EA ACCIDENT S 1 EXCESS LIABILITY R UMBRELLA FORM 5 ,OiHER TiiAN Ut,:WELV\ FOR:,, WORKERS COMPENSATION AND EMPLOYERS LIABILITY I~%%%ZII$TIVE H FliL ! t OFFICERS ARE l%!%-~~:l%ky LIMIT _ _ _----- 5 ~~%&ACH Ek’LOYEE 15 ’ OTHER: I IESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS :ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABO\;E DESCRIBEIS-~~~C~~S-BEC~~~~~~~~F~RE THE ---I-------- - ---- EXPIRATION DATE THEREOF THE ISSUING COMPAPIY WlLL MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT CITY OF SAN DIEGO ENGINEERING AND CAPITAL PROJECTS 1010 SECOND AVENUE, SUITE 500 AUTHORIZED REPRI SAN DIEGO,CA 92101 ._. --- --_ __..- Attention: ANITA WALKER ‘- -7;i=;.,/ / &;-&. -ACZ)ms-253~T~ -.-_ ______~ __... __--._- ._..- -- Certificate # 2721 -- -- BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION (To Accompany Proposal) 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: Comprehensive General Liability Employer’s Liability Automobile Liability c- Workers Compensation 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, Employers Liability, Automobile Liability and Workers Compensation 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 Special Provisions for this project for each insurance company that the Contractor proposes, and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. P- C- /-- ?3 7/17/90 Contract No. 3391-4 Page 27 of 95 Pages ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) Ty 03/30/1999 PRoDUCEA (8181623-6850 FAX (8181623-6851 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Liberty Co. Ins. Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6180 Laurel Canyon Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. - te #301 COMPANIES AFFORDING COVERAGE ,.m,th Hollywood, CA 91606 COMPANY RLI Insurance Company Aen: Diana Bianchi Ext: 334 A INSURED Gypsy Queen Inc. COMPANY B PO Box 2910 National City, CA 91951 COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LCTOR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMSMADE X OCCUR A MGL0122610 X OWNER’S &CONTRACTOR’S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS rC HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL OFFICERS ARE: EXCL OTHER POLICY EFFECTIVE POLICY EXPlRATlON DATE (MM/DD/YY) DATE (YM/DD/YYI LIMITS GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY $ 10/01/1998 10/01/1999 EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE d AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACHOCCURRENCE $ AGGREGATE $ $ WC STATU- TORY LIMITS “ET EL EACH ACCIDENT $ EL DISEASE - POLICY LIMlT $ EL DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATlONS/LOCATlONSEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY ARISING OUT OF OPERATIONS. ‘10 DAY NOTICE OF CANCEL IN EVENT OF NONPYAMENT. ‘RE: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE 81 VALLEY STREET #3391-4 CERTIFICATE HOLDER CANCELLATION 2,000,000 1,000,000 1,000,000 1,000,000 50,000 5,000 INSUREDS CITY OF CARLSBAD ATTN : CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL A DAYS WRllTEN NOTICE TO THE CERTlFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOS BLIGATION OR LIABILITY OF ANY KI AUTHORIZED ACORD 25-S (l/95) CORPORATION 1988 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) ACORO, MAR 24 99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY MARK RUBIN INSURANCE I ALL COMMERCIAL INSURANCE AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS SERVICES CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 6790 TOP GUN STREET #3 AFFORDED BY THE POLICIES BELOW. EqN DIEGO CA 92121 I COMPANIES AFFORDING COVERAGE I COMPANY A: GENERAL SECURITY INSURANCE CO COMPANY B: ‘COMPANY C: I COMPANY D: I 1 COMPANY E: I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR TR TYPE OF INSURANCE 1 GENERAL LIABILITY POLICY NUMBER POLICY E!=FECTl”E POLICY EXPIRATION DATE (UMKXVYY) DATE (MMlODiYY) LIMITS I I I 1 EACH OCCURRENCE I$ I I - FIRE DAMAGE (Any One Fire) / $ MED. EXP (Any One Person) $ PERSONAL 8 ADV INJURY $ 1 GEN’L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT AUTOMOBILE LIABILITY LOC CA4013188 x ANYAUTO ALL OWNED AUTOS ~ x SCHEDULED AUTOS x HIRED AUTOS x NON-OWNED AUTOS ( I I DEC 5 98 DEC 5 99 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00l $ I I I -___ PROPERTY DAMAGE S I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EXCESS LIABILITY EACHOCCURRENCE S 1 OCCUR n CLAIMSMADE AGGREGATE $ S DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND EMPLOYERS LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE&I EMPLOYEE $ E.L. DISEASE-WLICY LIMIT $ IESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLES/SPEClAL ITEMS PROJECT: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT iVENUE AND VALLEY STREET :ONTRACT # 33914, NAMING THE CERT HOLDER AS ADDITIONAL INSURED FOR AUTO. ENDORSEMENT ORDERED ON 3/12/99 CERTIFICATE HOLDER 1 1 ADDITIONAL INSURED; INSURER LETTER: __ CANCELLATION 1 1 CITY OF CARLSBAD L ATTN: CITY CLERK 1200 CARLSBAD VILLAGE DR. r\RLSBAD, CA. 92008-1989 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. b AUTHORIZED REPRESENTATIVE Attention: ACORD 25-S (7/97) Certificate # 5527 &TATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE I=UND CERTIFICATE OF WORKERS’ COMPENSATION 1NSURANCE -. *I.-+ d?#.% I POLICY NUMBER: p‘-p; ~~ “‘2 \ CERTIFICATE EXPIRES: 1. _“. 5, .-G@ JE! : %Lk.. OPERRr I c-It49 JN r -b L- This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days’ advance written notice to the employer. We will also give you TEN days’ advance notice should this poHcy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such poficies. s&- . rf- AUTHORlfED REPRESElVTATIVE PRESIDENT ENPl,Jyf~fp 8 r_l~~rl..y”f’Y’ I.IIpsZ T INCl*lJDING IxmzNSE COB%53 81 I @88, BR@ !%S C?CLMEPtetz”. . - EkrlPLOYER r [,+‘f’(::+y/ (-,tlEEkl. I NI,. v, t.i. 8Uv, ;iwo( @I t 1 ;)Nf+L F: ITt’ Cfi 9ti-661 R POLICY NUMBER: MGL0122610 GYPSY QUEEN INC. TIiIS lZWl~Ol~Sl~Ml3WT CIIAWGES TIilZ 1’01~1CY. l’J,l~ASl3 RIZAI) IT CAltlEl~UJ~J~Y. CG20101185 Al~l)ITIOMAI~ IMSUl~l~l~--O~\~NERS, I~l~SSl1l~S OR CONTltACTOl~S (IWltM 13) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: RE: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVE & VALLEY ST PROJECT # 33914 Name of Person or Organization: CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR CARLSBAD, CA 92008-1989 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. THE CITY IS INSURED FOR COVERED LOSSES CAUSED BY CONTRACTORS' NEGLIGENCE. NEW MT. HAWLEY INSURANCE COMPANY Renewal of Number 9025 North Lwgh Drive * Peoria, IL 61615 COMMERCIAL GENERAL LIABILITY COVERAGE PART - Policy No. MGL0122610 DECLARATIONS Named Insured and Mailing Address (NO, street. Town or city. tiunty. state. zip code) GYPSY QUEEN, INC. P.O. BOX 2910 NATIONAL CITY, CA 9 195 1 Policy Period : From lo-01 -99 to lo-01 -99 at 12:Ol A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. cc LIMITS OF INSURANCE General Aggregate Limit (Other Than Products--Completed Operations) Products--Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit Medical Expense Limit RETROACTIVE DATE (CC CID 02 only) $2,ooo,ooo. $l,ooo,ooo. $1 ,ooo.ooo. $1 .ooo,ooo. $ 50,ooo. $ 5,ooo. Any One Fire Any One Person Coverage A of this Insurance does not apply to “bodily injury” or “property damage” which occurs before the Retroactive Date, if any, shown here: NONE (Enter Date or ‘None’ if no Retroactive Date andies\ t-orm 0T Busmess: El Individual 0 Joint Venture q Partnership 0 Organization (Other than Partnership or Joint Venture) Business Description: CONCRETE AND GRADING CONTRACTOR Location of All Premises You Own, Rent or Occupy: 1333 E. 14TH STREET - NATIONAL CITY, CA 92150 PREMIUM Rate Advance Premium Classification SEE PREMIUM & RATE SCHEDULE - END’T. #l Code No. Premium Basis Pr/Co All Other Pr/Co All Other STATE TAX 270*6q STAMPING FEE Total Advance Premium $9,029. Premium shown is payable : $9,029. FORMS AND ENDORSEMENTS at inception; $---- 1 st Anniversary; $---- 2nd Anniversary l-orms and tndorsements applying to this Coverage Part and made part of this policy at time of Issue: lLFOOOl(4-95)CGOOOl(l O-93)AMR099( l l -86)CG0300( 1 O-93)CGL200( l l -93)lLOO21(11-85)CG2147( 1 O-93) IL001 7( l l -85)CG2134( l l -85)CG2503( l l -85)CG2010( l l -85)CG2404( 10;9\3)\E;ND’T #‘S l-7 /- DESCRIPTION OF BUSINESS AND LOCATION OF PREMiSES *- . , 1 O-l 6-98CW a . Authorized Rep ientative\ *Entry optional if shown in Common Policy Declarations. G \ Forms and Endorsements applicable to this Coverage Part omitted if shown elsewhere i icy. MGL 0001 (6/89) includes copyrighted material of Insurance Services Office, Inc.. with its permission. Copyright, Insurance Services Office, Inc., 1982. 1984 Countersigned: I ACORD_ CERTIFICATE OF LIABILITY INSURANCE .- I - --. . MARK RUBIN INSURANCE I ALL COMMERCIAL INSURANCE SERVICES 6790 TOP GUN STREET #3 &+N DIEGO CA 92121 Agency Lic#z 0622037 ‘T”‘Q CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 1.1.” AND ( CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTL, mum m L , “‘PATE DOES NOT AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED B’r ’ THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE DATE (MMIDDIYY) MAR 10 99 INSURED GYPSY QUEEN, INC. PO BOX 56 SAN DIEGO, CA 91951 COMPANY A: GENERAL SECURITY INSURANCE CO & , &k COMPANY B: COMPANY C: COMPANY D: / COMPANY E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ‘;‘R TYPE Of INSURANCE 1 GENERAL LIABILITY POLICY NUMBER PcnlCY EFFECTIVE PDLICY EXPIRATION ’ DATE (U”mJ/YY) DATE (UU,DD,W) ( LIMITS IEACHOCCURRENCE /$ - GEN’LAGGREGATE LIMIT APPLIES PER: POLICY PRD- JECT LOC AUTOMOBILE LIABILITY CA4013188 DEC 5 98 ANY AUTO I I a ALL OWNED AUTOS 4 x SCHEDULED AUTOS x HIRED AUTOS x NON-OWNED AUTOS DEC 5 99 COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) BODILY INJURY (Per accident) $ I PROPERTY DAMAGE S ( GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG t EXCESS LIABILITY EACH OCCURRENCE s AGGREGATE cb s I I I s I$ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WC STAnI- OTH EMPLOYERS LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT S E.L. DISEASE-EA EMPLOYEE $ E.L. DISEASE-POLICY LIMIT $ OTHtR: OCCUR cl CLAIMS MADE 3ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPEClAL ITEMS PROJECT: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET CONTRACT # 3391-4 I CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CITY OF CARLSBAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: CITY CLERK THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1200 CARLSBAD VILLAGE DR. 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY -\RLSBAD, CA. 92008-1989 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention: ACORD 25-S (7/97) %&k ,a Certificate # 5527 ,pz,,, )_, ;=. *. - _ _ -._ , (‘_ -- . r’.;. L _.. ::.-.r ;z: . .--,: -- a- : - / P.Q. ROX 42X07. SAN FRANCISCO. CA 9414BOH07 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE AIJGUST 19, i9*& ~~JL:CY r4Uh4WR. CCKTlFkZATE EXPIRES. r CITY OF SAW DIEiXI : EHmNEiEStiUG DEPT AT’p1: 1010 SECi.l)lb AYE; &bt% SAN DfEGQ CA 9$?i~,~. g * 303: ALL QPEkbTJOHs b w 225-99 UNIT 00202B2 1 -.$-ge, This is to certify that we have issued a valid Workerc’ Compensaiion insurance poiky in a form approvec! by the California Insurance Cornm&onsr to the employer named below for Ihe poll 3% period inck~ted. This &icy is not subject to cancellation by the Fund except LI~OII)&$I days’ advance written &rice to the sinplbyer. 30 - .. ., We will also give you ffgN days’ advance notice 4 -hould this poiicy be cnncelled prior 10 its riorrf~al ejxpiration. This certrficate of ins\.lrancc is not an insurance poiicy and does r1oT arnond: wtend or alter the coverage afforded b;r the policies listed herein. Notwithstanding an:/ requiremsnr. term, o : condition of any contracf or other documonz with respect to which this cerrificate of insurance may’ be, issusi-l pr may pert&. the inw~anc@ afforded- by the policies described herein is sub~,ect to alt tha’terms, exclusions and condltlons of such:.pqlicies. . . > ‘. . AUfHORtZEU REPFIESEi&APIVE ’ :. PR~E~IDCNT > ” ., I, :. EWLOYER’S LIABILITY trur? ;ScLuDr?m DEF.EHSE COSTS: $I., 800, BBC! PER .I3CCL’tillEI4CE. EWWI?SEH:ENT #2065 ENTITLED GERTIFTCATI?. Kl1,DERS’ Wi.ICE EFPECTI’ZE 86i19/98 IS ATTACi?EC TO AND FORMS A PAW OF THIS. PCLICY. .: . ,. I. ,, ,. <. I ; : : .., : : :: I :. ; : EMPLOYER .: ‘< .’ . ..: : .: :. y .. ‘. . ~” r , ,: .‘. . /- : , GYPSY QUEi%, INC. . e P 0 Box 2910 ‘. NATIONAL CITY CA 925% NK BIDDER’S STATEMENT RE DEBARMENT - (To Accompany Proposal) 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? “rc 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: - ~U~SU fyJwc* ’ Iname of Contractor) n By: \ \ (sign here) TX $hh.&AfA5 Tkt5, (print name/title) ?a 7/77/98 Contract No. 3397-4 Page 28 of 95 Pages s- - - 7 BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) 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 7 0 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 contractors license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? L yes no 2. Has the suspension or revocation of your contractors license ever been stayed? ,- yes no 3. Have any subcontractors that you propose to perform any portion of the Work ever had their contractor’s license suspended or revoked by the California Contractors’ State license Board two or more times within an eight year period? yes )Q no 4. Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of the ever been stayed? yes ’ no 5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (Attach additional sheets if necessary) pa 7177198 Contract No. 3391-4 Page 29 of 95 Pages - - - BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) 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. - (Attach additional sheets if necessary) BY CONTRACTOR: /p ;TT’* %hmrXh. c3cG3 (print name/title) ?3 7177198 Contract No. 3391-4 Page 30 of 95 Pages - - ^_ - NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California ) ) ss. County of > / , I ds , being first duly sworn, deposes (Name of Bidder) and says that he or she is (Title) of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the f oing is true and correct and that this affidavit was executed on the day of %r?4 0.3 , 19eg. Subscribed and sworn to before me on the (NOTARY SEAL) / rf% 7/17/90 Contract No. 3391-4 Page 31 of 95 Pages - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I S&An weq 0 I ss. County of On 9-]q/z4 , before me, ufl.,fl personally appeared Place Notary Seal Above 0 personally known to me i! 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. 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: h30tl l3q Sk@ erGS&~,it Document Date: -?i k rA ll-d,d~.“i 4- k,h i%T!lA~~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual .%? Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No 5907 Reorder: Call Toll-Free 1-600-876-6627 CONTRACT PUBLIC WORKS This agreement is made this 14 th day of April ,192?-. by and between the City of Carlsbad, California. a municipal corporation, (hereinafter called “City”), and GYPSY QUEEN, INC. whose principal place of business is 1333 E 24th Street National City, CA 91950 Called “COntraCtOf ). (hereinafter City and Contractor agree as follows: I. Description of Work. Contractor shall perform all work specified in the Contract documents for: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET CONTRACT NO. 3391-4 (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 Four, the Plans and Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of whiti 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 DOCUm8nt& 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 COntmt Will not relieve responsibility of Wmplianc8. ,- 4. Payment. For all compensation for Contractor’s performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) Standard Specifications for Public Works Construction 11997 Edition. and the 1998 supolement thereto,) hereinafter designated “SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. -G 7/17/98 Contract No. 33914 Paaa 113 nf Q5 Psnar -- - 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. 8. 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 d8CreaS8 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. rf% 7/l 7198 Contract No. 3391-4 Page 33 of 95 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, exce.pt 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. 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: $l,OOO,OOO 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 ,OOO,OOO 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. Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits ts required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO 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. 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. ?a 7117198 Contract No. 3391-4 Page 34 of 95 Pages -- - Ic 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 Bests 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. 91403. (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. 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 Special 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 7/l 7198 Contract No. 33914 Page 35 of 95 Pages (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. I have read and understand all provisions of Section 11 above. -Q&e 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. 14. Security. Securities in the form of cash, cashiers 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. ?3 7117198 Contract No. 3391-4 Page 36 of 95 Pages - 16. Additional Provisions. Any additional provisions of this agreement are set forth in the “General Provisions” or “Special Provisions” attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: By: ATi&Alnn~ ’ (sign here) fz&SJ (print name and title) AT-TEST:- . ClhtwClerk~” KAiEN R. KUNDTZ, Mistant City Clerk By: (sign here) F- (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 Sttach 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 , , By: f-- .c p3 7117190 Contract No. 3391-4 Page 37.of 95 Pages .- CERTIFICATE OF ADOPTION OF BY-LAWS . ADOPTION BY INCORPORATOR(S) OR FIRST DIRECTOR(S). The undersigned person(s) named in tbe Articles of Incorporation as the Incorporator(s) or First Director(s) of the above named corporation hereby adopt the same as the By-Laws of said corporation. Executed this %6 day of CERTIFICATE BY SECRETARY I DO HEREBY CERTIFY AS FOLLOWS: That I am the duly elected, qualified and acting Secretary of the above named corporation, that the foregoing By-Laws were adopted as the By-Laws of said corporation on the date set forth above by the person(s) named in the Articles of Incorporation as the Incorporator(s) or First Director(s) of said corporation. IN WITNESS WHEREOF, I have the corporate seal this xs CERTIFICATE BY SECRETARY OF ADOPTION BY SKAREHOLDERS' VOTE. THIS IS TO CERTIFY: That I am the duly elected, qualified and acting Secretary of the above named corporation and that the above and foregoing Code of By-Laws was submitted to the Shareholders at their first meeting and recorded in the minutes thereof, was ratified by the vote of Shareholders entitled to exercise the majority of the voting power of said corporation. IN WITNESS WHEREOF, 26 day of I have hereunto set my hand this IU~uern l*ul # 199.3 -19- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 3116199 Dale personally appeared before me, Melanie Anderson, Notary 'Public Name and lltle of Oflkcer (e.g.. ‘Jane Doe. Notary Public”) P.J. Edwards Name(s) of SQner(s) [XI personally known to me - OR -U 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. OPTIONAL Though fhe information below is not required by law, ii may prove valuable to persons relying on the document and could prevenf fraudulent removal and reattachment of lhis fom, to anofher document. Description of Attached Document Title or .Type of Document: Document Date: N,umber of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) * Signer’s Name: Cl Individual Cl Corporate Officer Title(s): Cl Partner - Cl Limited Cl General •i Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General Cl Attorney-in-Fact Cl Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: B 1994 National Nolary Assocletion a8236 Remmel Ave., P.O. 80x 7184 - Cencga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827 Bond No. CBB15093 Premium: Included in Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 99-82 adopted March 9, 1999 GYPSY QUEEN, INC.’ , has awarded to (hereinafter designated as the “Principal”), a Contract for. SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET CONTRACT NO. 33914 in the City of Cartsbad, 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, GYPSY QUEEN, INC. 8 as Principal, (hereinafter designated as the “Contract&‘), and National American Insurance Company aS Surety, are held firmly bound unto the City of Carlsbad in the sum of Two hundred thirteen thousand, seven hundred thirty seven and OOllOO Dollars ($ 213,737.OO ) said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the tears of the Contract, 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 person 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, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, 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 such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney’s fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082). 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. 43 7/l 7198 Contrait No. 33914 Page 38 of 95 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 16th Executed by SURETY this 16th day day of March ,19 99. CONTRACTOR: Gypsy Queen, Inc. (name of Contractor) (sign here) P.J. Edwards (print name here) President (title and organization of signatory) By: (sign here) (print name here) of March SURETY: ,19 99 . National American Insurance Company (name of Surety) c/o Shaw and Hren, Surety Bond Agents 2247 San Diego Ave., #135, San Diego, CA 9211( (address of Surety) (619) 297-2888 (telephone number of Surety) By: 3 (signature of Attorney-in-Fact) Jerome L. Hren (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 A A By: ,-- C rfs 7117198 Contract No. 3391-4 Page 39 of 95 Pages CAIJFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 3/16/99 Date before me, Melanie Anderson, Notary Public 1 Name and Tiila of Officer (e.g., *Jane Doe, Notary Public”) personally appeared Jerome L. Hren Name(s) of Signer(s) Kl personally known to me - OR -Cl 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 in&ument. WITNESS my hand and official seal. 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: Labor and Material Bond No. CBB15093 Document Date: 3/16/99 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Jerome L. Hren Cl Individual Cl Corporate Officer Title(s): Cl Partner - El Limited q General El Attorney-in-Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: National American Insurance ComDanv Top of thumb here Signer’s Name: q Individual Cl Corporate Officer Title(s): Cl Partner - Cl Limited Cl General Cl Attorney-in-Fact •i Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here @ 1994 National Notaly Associati~l l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free i-900-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 3/16/99 Date personally appeared before me, Melanie Anderson, Notary 'Public Name and lXle of Ollicer (e.g., “Jane Doe, Notary Public”) P.J. Edwards Name(s) of Signer(s) IXI personally known to me - OR -Cl 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. vr I,“,.“L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or ,Type of Document: Document Date: Number of Pages: t Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Cl Individual Cl Corporate Officer Title(s): 0 Partner - q Limited 0 General Cl Attorney-in-Fact Cl Trustee Cl Guardian or Conservator q Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual Cl Corporate Officer Title(s): Cl Partner - q Limited El General Cl Attorney-in-Fact Cl Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: 0 1994 National Notary Association l 6236 Remmel Ave., P.O. Box 7164 - Canoga Pa&, CA g13gg.7184 Prod. No. 5907 Reorder: : Call Toll-Free 1 -600-676-6627 NATIONAL AMERICAN INSURANCE COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY Bond Number CBB 15q93 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP XNALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SH~ETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE AND Gypsy Queen, Inc. EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. P.O. Box 2910, National City, CA 91951-2910 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, to wit: EFFECTIVE DATE “Resolved, that any officer of the Company shall have authority to make, execute and 1 03/16/99 I deliver a Power of Attorney constituting as Attorney-in-fact, such persons, firms, or corporations as may be selected from time to time. CONTRACT AMOUNT Resolved that nothing in this Power ofAttorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American Insurance Company. Be It Further Resolved. that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and $ 427,474.OO Performance %213,737.00 Payment certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached.” National American Insurance Company does hereby make, constitute and appoint Jerome L. Hren its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($l,OOO,OOO.OO) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY W. Brent LaGere, Chairman & Chief Executive Oficer STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) ss: On this 8th day of July,A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation 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 by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. Notary Public STATE OF OKLAHOMA ) My Commission Expires August 30,1999 CQ=YTY OF LINCOLN ) ss: , the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached Pb ,rER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 16th day ofMarch ) 1999 Winifred E. Mendenhall, Assistant Secretary Bond No. CBB15093 Premium: $10,687.00, . - “- ..- FAITHFUL PERFORMANCEWARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 99-82 , adopted MARCH 9, 1999 , has awarded to GYPSY QUEEN, INC. , (hereinafter designated as the “Principal”), a Contract for: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET CONTRACT NO. 3391-4 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Offtce of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, GYPSY QUEEN, INC. , as Principal, (hereinafterdesignatedasthe”Contractor”), and National American Insurance Company as Surety, are held and firmly bound unto the City of Carlsbad ’ seven thousand, four hundred seventy four E OO/lOO in the sum of Four hundred twenty Dollars ($ 427.474.00 ) said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; 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. Contract No. 3391-4 Page 40 of 95 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 16th day of. March ,199g . CONTRACTOR: - - PM QwlPm CL c, (&me & Contractor) By: QJlb (sign here) dun!!&3 (print name here) President (Title and Organization of Signatory) -- By: (sign here) (print name here) Executed by SURETY this 16th day of March ,199g . SURETY: National American Insurance Company (name of Surety) c/o Shaw and Hren, Surety Bond Agents 2247 San Diego Ave., f135, San Diego, CA 92110 (address of Surety) (619) 297-2888 (telephone number of Surety) Jerome L. Hren (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 By: I, Assistant City Attorney Fe 7/17/90 Contract No. 33914 Page 41 of 95 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 3116199 Date personally appeared before me, Melanie Anderson, Notary Public Name and Title of Officer (e.g.. ‘Jane Doe. Notary Public”) Jerome L. Hren Name(s) of Signer(s) [xl personally known to me - OR - Cl 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 in&rument. 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: Performance/Warranty Bond No. CBB15093 Document Date: 3/ 16/99 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Jerome L. Hren Cl Individual Cl Corporate Officer Title(s): q Partner - •i Limited Cl General &I Attorney-in-Fact q Trustee 0 Guardian or Conservator q Other: Signer Is Representing: National American Insurance ComDanv Top of thumb here Signer’s Name: q Individual q Corporate Officer Title(s): q Partner - Cl Limited Cl General •i Attorney-in-Fact •i Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Q 1994 National Notary Association * 6236 Remmet Ave.. P.O. Box 7164 l Canoga Park, CAS1309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of California San Diego On 3/16/99 Date personally appeared before me, Melanie Anderson, Notary 'Public Name and Title of Officer (e.g.. ‘Jane Doe. Notary Publk”) P.J. Edwards Name(s) of .Si9mw(s) [XI personally known to me - OR - U 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. WlTNESS my hand and official seal. FJ?cA?!‘&&, Slgneture of Notary Publk OPTIONAL Though fhe information below is not required by law, if may prove valuable fo persons relying on the documenf and could prevent fraudulent removal and reaffachment 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: 0 Individual Cl Corporate Officer Title(s): Cl Partner - Cl Limited Cl General Cl Attorney-in-Fact Cl Trustee 0 Guardian or Conservator El Other: Signer Is Representing: Signer’s Name: Cl Individual Cl Corporate Officer Title(s): El Partner - 0 Limited Cl General 0 Attorney-in-Fact 0 Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: Top of thumb here 0 1994 National Notary Assoclalion l 6236 Remmel Ave.. P.O. Box 7164. Canoga Park, CA 91309.7164 Prod. No. 5967 Reorder: Call T&Free l-600-676-6627 NATIONAL AMERICAN INSURANCE COMPANY OMAHA, NEBRASKA .- POWER OF ATTORNEY a .NALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECTASAN ORIGINALONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organ&d under the laws of the State of Nebraska, having its principal office in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted hy the Board of Directors of the said Company on the 8th day of July, 1987, to wit: “Resolved. that any officer of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-fact, such persons, firms, or corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of National American insurance Company. Be It Further Resolved. that the signature of any officer and the Seal of the Company may be affixed to any such Power ofAttorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certitied by facsimile signature and facsimile seal shall be valid and binding upon thecompany in the future with respect to any bond and documents relating to such bonds to which it is attached.” National American Insurance Company does hereby make, constitute and appoint Jerome L. Hren . PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Gypsy Queen, Inc. P.O. Box 2910, National City, CA 91951-2910 :gber CBB 15 ‘)93 EFFECTIVE DATE \ 03116199 CONTRACT AMOUNT 3 $ 427,474.OO I BOND AMOUNT I $ 427,474.OO Performance $213,737.00 Payment J its true and lawful attorney(s)%-fact, with full power and authority hereby conferred in its name, places and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($l,OOO,OOO.OO) dollars, And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were, signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto afllxed. ,cLM ‘Ws *e ,* ‘rP-Pe ‘% * 0 g SEALj ;c 4 t+ *:x% STATE OF OKLAHOMA COUNTY OF LINCOLN 1 ) ss: On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma: that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation 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 by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. NATIONAL AMERICAN INSURANCE COMPANY w s&m W. Brent LaGere, Chairman & Chief Executive Ofllcer STATE OF OKLAHOMA CC/- ‘Y OF LINCOLN ) ) ss: the undersigned, Assistant Secretary of the National P6WER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Notary Public ’ My Commission Expires August 30,1999 Winifred E. Mendenball, A.ssistant Secretary -. - - - - CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION The followinn representation and certification shall be completed, signed and returned to City of Carlsbad as 2 part of the bid package. REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in accordance with the specific definitions listed below is: - DEFINITIONS: MINORITY BUSINESS ENTERPRISE: “Minority Business” is defined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas. Laos, Cambodia and Taiwan). Are you currently certified by CALTRANS? YES NO\d Certification #: CERTIFICATION OF BUSINESS REPRESENTATION(Sk Mark all applicable blanks. This offeror represents as a part of this offer that: This firm is-, is not This firm isI(, is not= a minority business. a woman-owned business. WOMAN-OWNED BUSINESS: A woman-owned busi- ness is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management. CONSTRUCTION CONTRACTOR: CLASSIFICATION(S): A, 8 I LICENSE NUMBER: 5 1 6% q 7 TAXPAYERS I.D. NO. 33 - 05 % q 663 CERTIFICATION: The information furnished is certified to be factual and correct as of the date submitted. PRINTED NAME - A TITLE SIGNATblm la-O?i4% TELEPHONE NUMBER DATE Q 7117198 Contract No. 3391-4 Page 42 of 95 Pages 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 called “Escrow Agent.” hereinafter 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 the Sidewalk Improvement Project on Chestnut Avenue and Valley Street, Contract No. 3391-4, in the amount of dated (hereinafter referred to as the “Contract”). Alternatively,.on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the , and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would . be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. - 3. When the City makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 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. v3 7/1?/98 Contract No. 3391-4 Page 43 of 95 Pages c- -- -- -- -- -- -- -- r- 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 Name Signature Address For Contractor: Name Signature Address For Escrow Agent: 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. ’ ‘3 7117198 Contract No. 3391-4 Page 44 of 95 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 Title Name Signature Address Title Name Signature Address c- -- r- ,- ‘3 707198 Contract No. 3391-4 Name Signature Address Page 45 of 95 Pages c. SPECIAL PROVISIONS FOR 1997198 SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE AND VALLEY STREET -- CONTRACT NO. 33914 -- -- SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 --TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS -- 1-l TERMS Add the following section: -.- I-1 .l Reference to Drawings. Where words “shown n “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. c- Add the following section: L- l-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: -- l-l.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: l-l.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. -- l-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. I- Agency - the City of Carlsbad, California. City Council - the City Council of the City of Cartsbad. c- ‘3 7117198 Contract No. 3391-4 Page 46 of 95 Pages -. c- c- -- -- -- -- -- -- 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 Z-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 Special 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. Principal Inspector - The Senior Inspector’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. Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“. ‘3 7117/98 Contract No. 3391-4 Page 47 of 95 Pages Modify paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. -. -- c. -. -. -- -- 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 payment bond shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer’s certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 supplement thereto, 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 Special Provisions section of this contract. The construction plans consist of Sheets l-6. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions. 2-5.3.3 Submittals, add the following: When submitted for the Engineer’s review, Shop Drawings shall bear the Contractors 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: ‘3 7/17/98 Contract No. 3391-4 Page 48 of 95 Pages -- -- “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.” -- Date:. Company Name: -- c- 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 upon completion of the work. Payment for performing the work required by section 2-5.4 shall be included in various bid items and no additional payment will be made therefor. 2-9 SURVEYING. c- -- c- 2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The surveyor shall file corner record(s) as required by (53 8772 and 8773, et seq. of the California Business and Professions Code. c- -- When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. -- -- 2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pay for the services of a surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. c- -- .- Add the following section: 2-9.3.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, “Submittals”, herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (8’1,” by 11”) paper. The field notes, calculations and data shall be clear and complete with name of the surveyor, the party chief; field crew members, preparer of the field ‘3 7117198 Contract No. 3391-4 Page 49 of 95 Pages -- -- -- c- notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS ‘Surveys Manual”. The Contractor shall have a Record of Survey prepared by the surveyor and file it in conformance with @ 8700 - 8805 of the State of California Business and Professions Code when the surveyor performs any surveying that such map is required under 5s 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer’s review and approval before submittal to the County Surveyor and before submittal to the County Recorder. -. c- -.. Add the following section: 2-9.3.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than 15.2 m (50’), as measured along the project stationing unless a lesser interval is specified herein. Rough sub-grade stakes on slopes shall be set at top of cuts, toe of fills, or slope catch points and street crown lines where no median exists. Large slopes shall have line point set to aid in construction of the slope. Rough sub-grade stakes for roadway section shall be set at edge of pavement and top of curbs. Finish sub-grade stakes shall be set prior to placing subbase or aggregate base for the roadway section. The stakes shall be set at edge of pavement and top of curbs. Finish subgrade stakes for the aggregate base for the roadway section shall be at 7.6 m (25’) intervals at edge of pavement and top of curbs and crown line where no median exists. Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals by the surveyor. Finish aggregate subbase and aggregate base grade stakes shall be at 7.6 m (25’) intervals at top of curb, edge of pavement, and all crown lines and grade breaks. Intermediate stakes between edge of pavement and top of curb shall be set at 4.6 m (15’) intervals. Storm drain staking shall be done at 7.6 m (25’) intervals. Catch basins shall be staked at centerline and each end of the local depression. Curbs/curbs and gutter shall be staked at 7.6 m (25’) intervals, center line of driveways, and l/4, l/2, 3/4 delta on returns. Fills to finish grade at 7.6 m (25’) intervals by the paving pass width shall be painted on the pavement prior to placing each lift of asphalt on variable thickness pavement overlays requiring leveling courses. Intersections showing specific finished asphalt grids shall be painted per the grid. Stakes shall ,be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Surveyor shall mark the removal limits and limits of work line shown on the plans. The markings shall consist of continuous painted lines on asphalt and concrete surfaces and red flagged or painted laths spaced on centers no more than 7.6 m (25’) on unimproved areas. The markings shall be completed by surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monuments shall be laid out, their disk stamped, and a Record of Survey satisfactory to the Engineer filed with the County in accordance with the Professional Land Surveyors Act. Water and sewer line stakes shall be set at 7.6 m (25’) intervals with offsets referencing the top and centerline of pipe on main line and laterals. For all pipeline work the pipe and each access hole, pipe material change, lateral connection, fitting, appurtenance, or hydrant location with elevations shall be staked and provided with grade stakes designating the offset of the reference point, station, elevation of reference point, cut (or fill) and feature of pipe that is referenced. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged at 7.6 m (25’) intervals prior to the start of any other activities within the C- ’ ‘3 7117198 Contract No. 3391-4 Page 50 ,of 95 Pages 7. -- -_ limits of the work. Where utility vaults, poles or other facilities are being installed as parts of or as adjuncts to the project, the Contactor shall place stakes defining the horizontal and vertical location of curb and gutter to facilitate the location of said utility vaults, poles or other facilities by the party(ies) constructing them. When no curb and gutter is being installed as a part of the project the location of adjacent facilities being constructed as a part of the Contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities thatare being installed as parts of, or as adjunct(s) to, the project. Add the following section: 2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefor. Payment for the replacement of disturbed monuments and the filing of corner records shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGItiEER 7’ -. -- -_ -- -. -- c- ?-- Add the following section: 240.1 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 Contractors 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 3-3 EXTRA WORK. 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. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ‘3 7117198 Contract No. 33914 Page 51 of 95 Pages -_ 7- 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 & 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. 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. C. -- lb) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. -- 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. c- -- -- ___ -- 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. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-l 2655. F c “The undersigned certifies that the above statements are made in full cognizance of the California ‘3 7117198 Contract No. 3391-4 Page 52 of 95 Pages c- -- -- c. -. -- -_ 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.” Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following .dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. City Engineer 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: /- ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS ‘3 7117198 Contract No. 3391-4 Page 53 of 95 Pages ,-’ 7. 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that “public work” does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) “Claim” means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not othenvise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January I, 1991. -. 7. -. -. -. -. c. -. -- -_ 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(l) For claims of less than fifty thousand dollars ($SO,OOO), 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 infomration, whichever is greater. (c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed c- ‘3 7/17/98 Contract No. 3391-4 Page 54 of 95 Pages -- -_ -. -- -. -. -- -. shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)- until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the.filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .lO) 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 partfes, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) 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 othewise 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. c> 7117198 Contract No. 3391-4 Page 55 of 95 Pages c- c- -- -- SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfil1 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. -- c- add the following: Except as specified in these Special 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 Special 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. SECTION 5 - UTILITIES -- f- a 5-I LOCATION. Add the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. r- ’ ‘3 7/I 7198 Contract No. 3391-4 Page 56 of 95 Pages .-- c- c- -- c- 5-4 RELOCATION. Add the following: 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 request to the Engineer, may be permitted to temporarily omit the portion of work affected by the utility. Such omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Fire hydrants shall be relocated behind sidewalk per CMWD Standard Plan W-12. Mailboxes shall be located 3” from the back of curb. All existing sewer laterals, sewer lateral cleanouts, air vacuum valve assembly and appurtenance, and water meters within scope of this work shall be located and protected by the contractor during construction. Those facilities noted for relocation, and any sewer lateral cleanouts or water meters shown or not shown on these plans that may be in conflict with sidewalk construction, shall be relocated, to back of sidewalk set to grade horizontally and vertically, per Carlsbad Municipal Water District Standard Drawings. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK c- -- 6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete subsection 6-l and substitute the following: The Contractor shall begin work within 15 calendar days after receipt of the “Notice to Proceed”. Within 5 calendar days of notification of award of the Contract, the Contractor shall prepare and submit a work schedule for accomplishing the work to the Engineer. c- -- c- Said schedule must show the dates of the expected start and completion of all the various bid items. The schedule shall also list all necessary preparatory work, vegetation removal, street cleaning for each street. The schedule shall be in the form of a Bar Chart schedule, and shall be of sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, scheduling of equipment and procurement of materials. The construction schedule shall reflect completion of all work under the Contract within the specified time and in accordance with the contract documents. c- Such schedule shall be subject to the review and approval of the Engineer. No work shall take place until the Engineer and the Contractor have agreed to the schedule to be followed by the Contractor. Add the following section: 6-l .I Pre-Construction Meetlng. 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: r 6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. r ‘3 7117198 Contract No. 3391-4 Page 57 of 95 Pages c- c- 6-2 PROSECUTION OF WORK. c- Add the following section: 6.2.1 Phasing of the Work. The Work shall be phased so as to minimize disruption to both the nearby residents and the motoring public., -- 6.2.1.1 Phase I. Phase I of the project shall consist of all mobilization, traffic control, utility relocation, clearing and grubbing, removing retaining walls, vegetation removals, excavation and filling to perform the work included in this project. c- -- 6.2.1.2 Phase II. Phase II of the project shall include all concrete construction including, but not limited to, curb and gutter, driveway approaches, pedestrian ramps, sidewalks, and driveways. Contractor shall perform concrete construction in phases, maintaining one lane open in each direction at all times, unless otherwise approved by the Engineer. -- 6.2.1.3 Phase Ill. Phase Ill of the project shall include all asphalt road construction including, but not limited to, base course, surface course, asphalt overlay, and asphalt driveway work. -- 6.2.1.4 Phase IV. Phase IV consists of performing the remainder of work not completed in the previous phases. Add the following section: -- -- 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. c- c- -- -- 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 other.Gse be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. c- 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 80 working days (not including plant establishment period) after the starting date specified in the Notice to Proceed. F )\fs 7/17/98 Contract No. 3391-4 Page 56 of 95 Pages 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. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. c- -- -- 6-6 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. c- -- Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (I) 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. c- 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 and fifty Dollars ($250.00). -- Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred and 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. r- P ‘:# 7/l 7198 Contract No. 3391-4 Page 59 of 95 Pages P-- -- c- c- ‘- e- c- c- c- c- ?-- -- c- r- -- .fC r - 7-4 WORKERS’ COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers’ compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights- of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 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. Add the following section: 7.7.2 Utility poles, shown on the plans as being relocated by SDG&E, are scheduled to be relocated before the start of this contract. 7-8 PROJECT SlTE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 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. ‘3 7117198 Contract No. 3391-4 Page 60 of 95 Pages c- 7-10 PUBLIC CONVENIENCE AND SAFETY. -.. -- To subsection 7.10.1, between the second and third paragraph, add, the following: Seventy two (72) hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. All residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. -- . . -. The notification shall be hand-delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. An answering machine shall not be connected to either number. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Engineer for approval prior to delivery. Notices, shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be atfixed to a doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 14 point. -- The preparation, materials, printing and distribution of the notifications shall be considered incidental to the work and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. c- -- -- c- -- 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1996 edition and these Special Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-l 0.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved trafftc control plan, All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall wnform to the provisions of section 214-5.l.et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-l .6 et seq. except that all temporary paint shall be rapid dry water borne conforming to CALTRANS Specification No. 8010-910-30. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that c- ‘@ 7117198 Contract No. 3391-4 Page 61 of 95 Pages F- -- -. -- -- c- remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non- existant conditions shall be removed from the travelled way and from the view of motorists in the travelled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the travelled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-l 0.3.2 Maintaining Traffic. The Contractor’s personnel shall not work closer than 1.8 m (6’) nor operate equipment within 0.6 m (2’) from any traffic lane occupied by traffic. For equipment the 0.6 m (2’) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Engineer has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared ‘by the Contractor and approved by the Engineer or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Engineer may require the Contractor to detour traffic, adjust the width of, or realign the adjacent. traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of two paved traffic lanes, not less than 3.6m (12’) wide, shall be open for use by public traffic in each direction of travel. Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: ‘3 707198 Contract No. 33914 Page 62 of 95 Pages 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under “Traffic Control System for Lane Closure” of these Special Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineers written approval of said plan. -- -- ,..-- -. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, ma.intained and removed in accordance with the minimum standards specified in Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traftic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. c- -- Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may approve any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by the Contractor will be beneficial to the ‘3 7/17/98 Contract No. 3391-4 Page 63 of 95 Pages -- r”- -- c. -- -- v- P best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Engineer. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Add the following section: 7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for “traffic control” shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these special provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefor. Flagging costs will be paid for as a part of the Lump Sum Amount for “Traffic Control.” The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefor, Progress payments for “Traffic Control” will be based on the percentage of the improvement work completed. ‘Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 - MEASUREMENT & PAYMENT 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” -- ‘3 7117198 Contract No. 3391-4 Page 64 of 95 Pages -- -- -. 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 (IO) 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 af&er 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. #. -. -. Delete the third paragraph and substitute the following: The Agency shall retain IO percent of such estimated value of the work done as part security for the fulfillment of the contract by the Contractor, except that at any time after 50 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the Agency may reduce the total amount being retained from payment pursuant to the above requirements to 5 percent of the total estimated value of said work and may also reduce the amount retained from any of the remaining partial payments to 5 percent of the estimated value of such work and materials. In addition, on any partial payment made after 95 percent of the work has been completed, the Agency may reduce the amount withheld from payment pursuant to the requirements of this Section to such lesser amounts as the Engineer determines is adequate security for the fulfiliment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. Such reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Engineer; ihe signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person executing the approval to give such consent must either accompany the document or be on file with the Agency. 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. @ 7/17/98 Contract No. 3391-4 Page 65 of 95 Pages c- -- c- -- c- -- -. -. -- -. 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. g-3.2.1 Payment for Claims. Add the foHowing: 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: g-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the project will not be included in the progress estimate. {$ 7117198 Contract No. 3391-4 Page 66 of 95 Pages c- C -. -- -- SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS c- -. 200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slag base (Section 200-2.3), or crushed miscellaneous base (Section 200-2.4). SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 7. 201-l PORTLAND CEMENT CONCRETE TABLE 201-I .I .2(A) Modify as follows: -- -. -. -. TABLE 201-l .1.2(A) (‘) PORTLAND CEMENT CONCRETE Type of Construction Concrete Maximum Class Slump mm (inches) All Concrete Used Within the Right-of-Way 330-C-23 (2) (560-C-3250) (‘I Trench Backfill Slurry 115-E-3 200 (8”) (190-E-400) Street Light Foundations and Survey Monuments 330-C-23 100 (4”) (560-C-3250) Traffic Signal Foundations 350-C-27 100 (4”) (590-C-3750) -. Concreted-Rock Erosion Protection 310-c-17 (520-C-2500P) per Table 300-I 1.3.1 -. 7. (I) Except that concrete required to be of higher strength by Table 201-l .1.2(A) SSPWC shall be as per Table 201-l .1.2(A) SSPWC. (2) As per Table 201-l .I .2(A) SSPWC. (3) Portions of Table 201-I .I .2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. -. 201-I .2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than l-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. - ‘3 7117198 Contract No. 3391-4 Page 67 of 95 Pages SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. c- L- 203-6.2 Materials. Add the following: Asphalt concrete for new street section shall be class C2- AR 4000 for surface course, and class B-AR 4000 for base course, and for 2 inch overlay asphalt concrete shall be C2-AR 4000. -- 203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, delete “and from the Engineer’s field laboratory”. Last paragraph, add after D 2172: “method A or B.” -- 203-6.7 Asphalt Concrete Storage. add the following: Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be used in the work. -- SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-l LUMBER AND PLY%VOOD r.- TABLE 204-l .2(A) add the following: TABLE 204-l .2(A) USES GRADES Headers for bituminous pavement up to 50 mm x Construction grade Redwood or preservative 100 mm (2”x4”) treated construction grade Douglas Fir Headers for bituminous pavement larger than 50 Number 1 grade Redwood, or preservative -- - mm x 100 mm (2”x4”) 1 treated number 1 grade Douglas Fir‘ SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1 Permanent Traffk Signs Permanent traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic upon the completion of the Work. c- -- -- Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”, Sheets 1 through 5 that accompany “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the “SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. r t * 43 7117198 Contract No. 3391-4 Page 68 of 95 Pages c- -- Add the following section: 206-7.1.2 Sign Identification. Modify the “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993” as follows: Sign identification shall be as per “SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993”, except that the notation shall be “PROPERTY OF THE CITY OF CARLSBAD”. -- Add the following section: -- 206-7.1.3 Drawings. Modify the ‘Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: -- -- c- 206-7.1.4 Reflective Sheeting. Modify the ‘Specifications For Reflective Sheeting Signs, October 1993” as follows: All advisory signs, warning signs and all regulatory signs, excepting only those hereinafter listed, shall be fabricated with, Type III encapsulated lens sheeting conforming to the requirements of this specification, Signs listed below shall be fabricated with Type II encapsulated lens sheeting conforming to the requirements of this specification. Regulatory signs which shall be fabricated with Type II encapsulated lens sheeting are: R5; R24 through, and including, R32B; R47 through, and including, R53C; R62A through, and including, R62D; R74 through, and including, R96C; and R99 through, and including, Rl05A. All sign designations shall be as per the “Traffic Manual”, 1996 revision, as published by the California Department of Transportation. -- c- c- Add the following section: 206-7.1.5 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: All permanent traf5c signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall use aluminum substrate. Add the following section: 206-7.1.6 Mounting Tr#fic Signs. Traffic signs shall be installed as required by San Diego Regional Standard drawing M-45 or, when the sign area exceeds the maximum area allowed for on that drawing, on wood posts in the same manner shown on the State of California, Department of Transportation “Standard Plans” 1995 edition standard plans numbers RSl , RS2, RS3 and RS4 for installation of roadside signs Add the following section: 206-7.1.6 Traffic Sign Posts. Posts, 90 mm x 90 mm (4” x 4” nom.) in size, shall be constructed of select heart grade redwood; No. 1 heart structural grade redwood (105Of); No. 2 heart structural grade redwood (9009; light framing construction grade Douglas fir, free of heart center; or structural light framing No. 1 grade Hem-Fir, free of heart center. Posts, 90 mm x 143 mm (4” x 6” nom.) in size, shall be constructed of select heart grade redwood; select heart structural grade redwood (1 lOOf); No. 1 heart structural grade redwood (9509; structural joists and planks, No. 2 grade Douglas fir, free of heart center; or structural joists and planks, No. 1 grade Hem-Fir, free of heart center. Posts larger than 90 mm x 143 mm (4” x 6” nom.) in size shall be constructed of select heart grade redwood; No. 1 heart structural grade redwood (95Of); posts and timbers No. 1 (structural) grade Douglas fir, free of heart center; or posts and timbers select structural grade Hem-Fir, free of heart center. ‘3 7/17/98 Contract No. 3391-4 Page 69 of 95 Pages _- Posts shall be graded in accordance with Section 204-l SSPWC. Sweep shall not exceed 25 mm (1”) in 3.0 m (10’). Before preservative treatment, Douglas fir and Hem-Fir posts shall be seasoned to a moisture content of not more than 25 percent as measured at the midpoint of the post in the outer 25 mm (l”), using an approved type of moisture meter, in accordance with ASTM Designation: D4444. r- r- -- -- r- c- c- -- -- -- At the time of delivery to the job site, all treated posts shall have a moisture content of not more than 25 percent when tested as described above. The posts shall conform in all respects to the specified grading requirements at the time of delivery to the job site. Douglas fir and Hem-Fir posts shall be treated with either ammoniacal copper arsenate; ammoniacal copper zinc arsenate, copper naphthenate or pentachlorophenol in hydrocarbon solvent in accor- dance with the provisions in Section 204-2 SSPWC. Posts shall be incised and the minimum retention of preservative shall be as specified in AWPA Standards. The cutting of the ends of wood posts in the field will be permitted. Where field cutting or boring of wood posts is performed after treatment, all cuts and holes shall be thoroughly swabbed, sprayed or brushed with 2 applications of the same type of preservative as initially used or copper naphthenate. Application of preservative in the field shall conform to the requirements in the last paragraph in Section 204-2 SSPWC. Wood block spacers, inserted between the post and the sign panel on single post installations as shown on the plans, shall be treated with preservative in the same manner as specified for wood posts. Unless specified in the special provisions or shown on the plans, wood posts and blocks shall not be painted. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor’s performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traftic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October 1993”, Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 1993” of dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The ‘Specification For Reflective Sheeting Signs, October 1993” require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said “Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. tp 7/17/98 Contract No. 3391-4 Page 70 of 95 Pages c- .-- -- -- -- -- -_ c- Add the following section: 206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Standard temporary traffic signs shall be as per the most recently approved “Approved Sign Specification Sheets” of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the “Notice to Proceed” of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: All advisory signs, warning signs and all regulatory signs, excepting only those hereinafter listed, shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. The signs listed below shall be fabricated with Type II encapsulated lens sheeting conforming to the requirements of this specification. Regulatory signs which shall be fabricated with Type II encapsulated lens sheeting are: R5; R24 through, and including, R32B; R47 through, and including, R53C; R62A through, and including, R62D; R74 through, and including, R96C; and R99 through, and including, R105A. All sign designations shall be as per the “Traffic Manual”, 1996 revision, as published by the California Department of Transportation. Add the following section: 206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October 1993” as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary -mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on wood posts in the same manner shown on the State of California, Department of Transportation “Standard Plans” 1995 edition standard plans numbers RSl, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) .Back braces and blocks for sign panels will not be required. b) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7’). c) Construction area sign posts may be installed on above ground temporary platform sign supports as approved by the Engineer, or the signs may be installed on existing lighting standards or other supports as approved by the Engineer. When construction area signs are installed on existing lighting standards, holes shall not be made in the standards to support the sign. d) The post embedment shall be 0.8-m (32”) if post holes are backfilled around the posts with 295-C-l 7 (500-C-2500) portland cement concrete. e) When break-away sign posts (SDRS M-45) are used one post shall be provided for each 0.48 & (5 ff)of sign area. Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts, 90 mm x 90 mm (4” x 4” nom.) in size, shall be constructed of select heart grade redwood; No. 1 heart structural grade redwood (105OfJ; No. 2 heart structural grade redwood (goof,,); light framing construction grade Douglas fir, free of heart center; or structural light framing No. 1 grade Hem-Fir, free of heart center. Posts, 90 mm x 143 mm (4” x 6” nom.) in size, shall be constructed of select heart grade redwood; select heart structural grade redwood (1 lOOf,); No. 1 heart structural grade redwood (95Of,,); structural joists and planks, No. 2 grade Douglas fir, free of heart center; or structural joists and planks, No. 1 grade Hem-Fir, free of heart center. Posts larger than 90 mm x 143 mm (4” x 6” nom.) in size shall be constructed of ‘3 7117198 Contract No. 3391-4 Page 71 of 95 Pages L.. e- -- -- -- -- c- -- -- select heart grade redwood; No. 1 heart structural grade redwood (95OfJ; posts and timbers No. 1 (structural) grade Douglas fir, free of heart center; or posts and timbers select structural grade Hem- Fir, free of heart center. Posts shall be graded in accordance with Section 204-l SSPWC. Sweep shall not exceed 25 mm (1”) in 3.0 m (10’). Before preservative treatment, Douglas fir and Hem-Fir posts shall be seasoned to a moisture content of not more than 25 percent as measured at the midpoint of the post in the outer 25 mm (l”), using an approved type of moisture meter, in accordance with ASTM Designation: D4444. At the time of delivery to the job site, all treated posts shall have a moisture content of not more than 25 percent when tested as described above. The posts shall wnfon in all respects to the specified grading requirements at the time of delivery to the job site. Douglas fir and Hem-Fir posts shall be treated with either ammoniacal copper arsenate, ammoniacal copper zinc arsenate, copper naphthenate or pentachlorophenol in hydrocarbon solvent in accor- dance with the provisions in Section 204-2 SSPWC. Posts shall be incised and the minimum retention of preservative shall be as specified in AWPA Standards. The cutting of the ends of wood posts in the field will be permitted. Where field cutting or boring of wood posts is perfoned after treatment, all cuts and holes shall be thoroughly swabbed, sprayed or brushed with 2 applications of the same type of preservative as initially used or copper naphthenate. Application of preservative in the field shall conform to the requirements in the last paragraph in Sec- tion 204-2 SSPWC. Wood block spacers, inserted between the post and the sign panel on single post installations as shown on the plans, shall be treated with preservative in the same manner as specified for wood posts. Unless specified in the special provisions or shown on the plans, wood posts and blocks shall not be painted. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be detemlined by the Engineer. Sign panels for stationary mounted signs shall consist of Type IIIA reflective sheeting applied to a sign substrate. Sign panels shall conform to the requirements specified for aluminum signs in the “Specifications For Reflective Sheeting Signs, October 1993”. Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the “Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Special Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framework shall be finished with 2 applications of an orange enamel which will match the color of the sign panel background. Testing of paint will not be required. ‘3 7117198 Contract No. 3391-4 Page 72 of 95 Pages Add the following section: 206-6 LIGHT GAGE STEEL TUBING AND CONNECTORS. -- -- -- -- -- -- L_ Add the following section: 206-8.1 General. This Section pertains to lo-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be . cold-roll-formed steel conforming to ASTM Designation A-446, Grade A. Galvanizing shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all forming and punching operations have been completed. Cold-rolled steel perforated tubing shall be perforated on all four faces with 11 mm (7/l 6”) holes on 25 mm (1”) centers. Add the following section: 206-8.2 Tolerances. Wall thickness tolerance shall not exceed +0.28 mm, -0.13 mm (+O.Ol l”, -0.005”). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+O.OlO”) applied to the specific size determined at the corner. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (l/16 ” in 3’). Tolerance for comer radius is 4.0mm (5/32”), plus or minus 0.40 mm (1164”). Weld flash on comer-welded square tubing shall permit 3.60 mm (g/64”) radius gage to be placed in the comer. Using lo-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.lm (10’). Tolerance on hole size is plus or minus 0.40 mm (l/64’) on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (l/8” in 20’). In addition, for the following specific sizes of light gage steel tubing, dimensional tolerances shall not exceed those listed in tables 206-8.2 (A) and 206-8.2(B). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions I Outside Tolerance fork11 Sides at Corners mm 25 x 25 finr.hnn\ I mm I finches) I I v. 13 I 3.005 32x32 (1’1, x V/J 0.15 0.006 38 x 38 (1’12 x 1 l/J 0.15 0.006 44x44 (V/, x V/J 0.20 0.008 51 x 51 (2 x 2) 0.20 0.008 56 x 56 (23/,, x 23/,,) 0.25 0.010 57 x 57 (2’1, x 2’1,) 0.25 0.010 64 x 64 (2’1, x 2’/2) 0.25 0.010 51 x76 (2 x 3) 0.25 0.010 TABLE 206-8.2(B) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension I Squareness”’ Twist Permissible in 900 mm (3”) (I) Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. Q) Twist is measured by holding down the edge of one end of a square tube on a surface plate with the bottom side of the tube parallel to the surface plate, and noting the height that either corner on the opposite end of the bottom side is above the surface plate. r- p3 7/17/98 Contract No. 3391-4 Page 73 of 95 Pages Add the following section: 206-8.3 Fasteners. Fasteners used to assemble cold-rolled steel perforated tubing shall be steel “pull-through” electrogalvanized rivets with 9.5 mm (318”) diameter shank, 22 mm (718”) diameter head, and a grip range of from 5 mm (0.200”) to 0.90 mm (0.356”). The fasteners shall conform to ASTM B-633, Type III SECTION 210 - PAINT AND PROTECTIVE COATINGS 21 O-1 PAINT. 210-1.6 Paint for Traffic Striping, Pavement Marklng, and Curb Marking. Modify as follows: Paint for traffic lane lines, turn pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CALTRANS Specification No. 801 O-91 D-30. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CALTRANS Specification No. 801 O-21 C-l 9. Glass beads shall be applied to the surface of the rapid dry water borne paint and the molten thermoplastic material and shall conform to the requirements of CALTRANS Specification No. 801 O-21 C-22 (Type II). CALTRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTPANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. 212-1.2.3 Commercial Fertlllzer. add the following: Preplant fertilizer shall be granular commercial fertilizer 7-7-7 or approved equal. Postplant fertilizer shall be 12-4-6 or approved equal with Ca, Fe, Zn, and Mn and with the majority of nitrogen in nonammoniac form to prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets with a 20-10-5 analysis. Hydroseed fertilizer shall be long-lasting, controlled-release, plastic-coated, uniform in composition, free-flowing, suitable for application with approved equipment, and shall contain the minimum available percentages of nitrogen, phosphoric acid, potash and sulfur required by tables 212- 1.2.5.1(A) through 212-1-2-5-3(A). -- -- -- 212-l .2.4 Organic Soil Amendment. Add the following: For all types of Organic Soil Amendment mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz or San Mateo Counties shall not be used in the Work. Type 1A Organic Soil Amendment shall conform to the requirements for type 1 Organic Soil Amendment except as modified hereinafter. Type 1A Organic Soil Amendment shall be a wood or rice residual product derived from the bark of pine, white fir, or red fir or cedar or redwood shavings or rice hulls. Type 1A Organic Soil Amendment shall be manufactured from clean wood, free from clods coarse objects and rocks and shall conform to the properties shown in Table 212-1.2.4(B): c- * ‘3 7117198 Contract No. 3391-4 Page 74 of 95 Pages -- c- Table 212-l .2.4(B) SOIL AMENDMENT PROPERTIES Property Minimum Dry Weight Nitrogen (1) Dry Weight Passing 25 mm (1”) Sieve 100% Dry Weight Passing #4 Sieve 95% Dry Weight Passing #16 Sieve 45% Dry Weight Passing #30 Sieve 30% Dry Weight Passing #50 Sieve 0% Dry Weight Passing #lOO Sieve 0% Salinity (1) Iron ( Dilute acid soluble on dry weight basis) 0.08% Ash (dry weight basis) 0% pH 6.0 Wettability (1) (1) (As Required by Table 212-1.2.4(A) SSPWC) Maximum (1) 100% 100% 65% 40% 10% 2% (1) -- 6.0% 7.0 (1) -- -- -- For all types of Organic Soil Amendment the Contractor shall supply the Engineer a sample of the proposed amendment accompanied by an analytical analysis from a qualified agricultural laboratory certifying compliance to the requirements herein. Qualified agricultural laboratories shall have an on-going quality assurance program that fulfills the requirements of the most recent version of the “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”. Certificates of compliance shall contain a statement attesting that the organic soil amendment meets the requirements of these specifications and that the testing agricultural laboratory does fulfil1 the requirements of “Western States Laboratory Proficiency Testing Program Soil and Plant Analytical Methods”. Said submittal shall be in accordance with Section 2-5.3.3. -- -- -- 212-1.2.5 Mulch for Hydraulic Method Seed Lawn Planting. Add the following: The terms Hydroseeding and Hydroseed shall be synonymous with Hydraulic for the purposes of Section 212. Disturbed Areas, planting areas shall be mulched, fertilized and seeded using method B. Mulch shall be manufactured from virgin wood cellulose fiber mulch and shall not contain growth or germination inhibitors. When mixed with water, the mulch shall remain in uniform suspension and when blended with the seed, fertilizer, and other approved additives, shall form a homogeneous slurry. When applied, the fibers shall form a moisture absorbing membrane with adequate percolation properties sufficient to allow one hundred percent of water applied at the rate of 3.1 liters per minute per square meter (0.075 gallons per minute per square foot) onto a surface inclined at a 2:l (horizontal: vertical) slope to pass through the membrane. A non-phyto-toxic wetting agent shall be added to the slurry mixture. A water soluble, non-toxic green dye shall be added in sufficient quantity to clearly delineate the planted areas. When required, binder shall be added to the slurry mixture and shall be “CPA 4000”, “AZTAC”, “Ecology Control”, “M-Binder”, or approved equal. ? rfs 7117198 Contract No. 3391-4 Page 75 of 95 Pages C -- -- c- Add the following section: 212-1.2.5.1 Disturbed Area Mulch Fertilizer and Additives. In addition to the seed mix shown in the table for Disturbed Areas the sluny mixture shall be applied at the rates shown in Table 212- 1.2.5.1(A) Table 212-l .2.5.1 (A) DISTURBED AREA MULCH FERTILIZER AND ADDITIVES Component Application Rate grams per sq. meter (pounds per acre) Virgin Wood Cellulose Fiber Mulch 225 (2000) Binder (1) 7 Fertilizer (16-20-o) Ammonium 35 Phosphate Sulfate, Plus 15% Soil Sulfur I Wetting Agent Per Mfg. Recommendation Green Colorant Per Mfg. Recommendation (1) Required to be incorporated only when applied between the months of Nov. through Feb. -- -. Add the following section: -- 212-1.2.6 Herbicides and Pesticides. Shall be used in their appropriate applications with strict adherence to manufacturer’s specifications and instructions. Postemergent herbicide for all areas shall be Glyphosate, N-(phosphonomethyl) glycine, in the form of its isopropylamine salt such as Roundup Pro, Diquat, Montar, or approved equal. Preemergent herbicide for shrubs and c- groundcover areas planted from flats shall be Treflan, Surflan, Eptan, or approved equal. Add the following section: -. 212-1.2.7 General Soil Conditioners. Agricultural-grade gypsum shall be a calcium sulfate (CaSO, H,O) product - 94.3 percent. 90 percent shall pass a 50-mesh screen. Control of dust during application is mandatory. c- Iron Sulfate shall be ferrous sulfate in pelletized or granular form containing not less than 20.0 percent iron expressed as metallic iron. Iron Sulfate pellets shall be of size and gradation such that 98 percent is retained on a lo-mesh screen. -- 2124.3 Seed. Add following: The quantity of pure live seed supplied shall meet or exceed the quantity shown in the specified mixes. Seed shall not contain more than 0.5 percent weed seed by volume Seed types shall be as specified on the plans and planting legends, and shall be applied at the rates indicated. -- All brand-name, patented seed must be received by Contractor in original manufacturer’s bag. Seed shall be received by Contractor in separate containers specifying kind, quantity, purity, and germination. Contractor shall provide the Engineer with each seed bag label used in the Work. Add the following section: 212-l .3.1 Seed for Disturbed Areas. Hydroseeding mix for Disturbed Areas (all areas excepting Southern Willow Scrub and Riparian Scrub and Upland Transition Zone seeded areas shall consist of no less than the seed varieties shown in Table 212-l .3(A). r’ pf% 7ii7198 Contract No. 3391-4 Page 76 of 95 Pages C L-- -- -- Table 212-l .3.1(A) SEED FOR DISTURBED AREAS Seed Variety Application Rate grams per sq. meter (pounds per acre) Rose Clover 2.5 20 (” Festuca Megalura, Zorro Fescue 2.5 20 Eschscholzia Califomica 0.35 3 Achilles Millefolia 0.45 4 Alyssum (Carpet Of Snow) 0.35 3 Dimorpholeca 0.25 2 (1) Rose Clover shall be inoculated with a nitrogen fixing bacteria and be applied dry either by drilling or broadcasting immediately before hydraulic application of the remaining seed mix and mulch. -. -- -- -- -- c- 212-1.4.1 General. Add the following: Plants shall be the variety and size shown on the plans or in the special provisions and shall confomr to the requirements of these specifications. Contractor shall notify the Engineer 48 hours before each plant delivery so that the Engineer can inspect the plants. The scientific and common names of plants herein specified shall conform to the approved names given in “A Checklist of Woody Ornamental Plants in California, Oregon and Washington” published by the University of California, Division of Agriculture Sciences, Publication 4091 (1979). Each group of plant materials delivered on site shall be labeled clearly as to species and variety. All patented plants (cultivars) required by the plant list shall be delivered with a proper plant patent attached. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. Evidence that clearance has been obtained shall be filed with the Engineer. All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer and the Engineer’s decision shall be final. Plants shall be individually tagged or tagged in groups by species or variety. Carpobrotus cuttings need not be tagged. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the Engineer. c- Plants furnished by the Contractor shall be healthy, shapely, and well-rooted, and roots shall show no evidence of having been restricted or deformed at any time. Plants shall be well-grown, free from insect pests and disease, and shall be grown in nurseries which have been inspected by the State Department of Food and Agriculture and have complied with the regulations thereof. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately ‘overgrown”, or are showing signs of decline or lack of vigor, are subject to rejection. The size of the plants will be as shown on the plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, soil amendments shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected, and immediately removed from the site and replaced with new plants by the Contractor at the Contractor’s expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the Contractor shall be notified in writing, at least 60 days before the planting operation has commenced. rI% 7/17/98 Contract No. 33914 Page 77 of 95 Pages c- _-- -- No plant shall be transported to the planting area that is not thoroughly wet throughout the ball of earth surrounding the roots. Any plant that, in the opinion of the Engineer, has a damaged root ball or is dry or in a wilted condition when delivered to the planting area will not be accepted, and shall be replaced by the Contractor at the Contractor’s expense. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to ensure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. -- -- Root condition of plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than 2 plants nor more than 2 percent of the total number of plants of each species or variety, except when container-grown plants are from several sources, the roots of not less than 2 plants of each species or variety from each source will be inspected by the Engineer. In case the sample plants inspected are found to be defective, the Agency reserves the right to reject the entire lot or lots of plants represented by the defective samples. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. The Contractor shall notify the Engineer when plants are to be shipped to the project site. The notification shall be given not less than 10 days prior to the actual shipment date. Carpobrotus cuttings shall be 250 mm (lo”) or more in length and shall not be rooted. Delosperma cuttings shall be 150 mm (6”) or more in length and shall not be rooted. Cuttings shall be tip cuttings from healthy, vigorous and strong-growing plants and shall be insect and disease free. Mature or brown-colored stem growths or cuttings which have been trimmed will not be accepted. Cuttings shall be planted not more than 2 days after cutting and shall not be allowed to dry or wither. Carpobrotus cuttings shall not be taken from any plants that indicate the presence of ice plant scale (Pulvinaria species). The Contractor shall notify the Engineer of the location where cuttings are to be taken at least 10 days prior to taking the cuttings and shall be responsible for all permit and inspection fees involved in obtaining cuttings. -- Add the following section: 2124.8 Root Barriers. Root barriers shall be no less than lm (39”) in width. Root barriers shall be “Biobarrier”, as manufactured by Reemay, Inc., 70 Old Hickory Boulevard, Old Hickory, TN 97138, Phone 615-847-7000, no substitutes will be accepted. 212-2 IRRIGATION SYSTEM MATERIALS. -- 212-2.1.3 Plastic Pipe for Use with Sohrent Weld Socket or Threaded Fittings, add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe -- c- used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2”) and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking ‘Reclaimed Water” in 16 mm &“) high letters repeated every 300 mm (12”). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. i- ‘3 7/17/98 Contract No. 3391-4 Page 78 of 95 Pages Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM 843-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked ‘RCV”, “BV” or “QC”, “PB” respectively. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (RCV boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded pressure-retaining stems, glass- reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (x2) to 50 mm (2”) shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Add the following section: 212-2.2.9 Pressure Regulator Valve Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. -- The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850~urn mesh or perforated sheet with 1.14 mm (0.045”) diameter holes. All other wye strainers shall be equipped with 425~urn strainer screens. 212-2.4 Sprinkler Equipment. Add the following: All sprinkler heads are to have factory built-in check valves or a check valve under each head. Drip assemblies shall meet the following requirements: The drip emitter shall be Pepco Quadra or Rainbird XERI-Bird-8 or approved equal as called on drawings, with four ports. Drip tubing for emitter outlets shall be Rainbird (RBT-16OV), Salco, or approved equal. Drip tubing stakes shall be Rainbird No. RS-13, Salco, or approved equal. Bug cap for drip tubing shall be manufactured by Rainbird, Pepco, or approved equal. The drip pressure regulator shall be Rainbird, Netafim PVR, or approved equal. Drip emitter filter shall be Amiad, Rainbird, or approved equal. Drip emitter access boxes shall be Rainbird No. SEB-6X, Salco Subterranean Emitter Box, or approved equal. Check valves shall be of heavy-duty virgin PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Antidrain valves shall be field adjustable against drain out from 1.5 m to 12 m (5’ to 40’) of head. All sprinkler heads that are without valves in the heads are to have an antidrain valve feature and shall have an excess flow feature, which will automatically stop the flow of water when it exceeds the GPM preset by the manufacturer. Check valves shall be King Bros., Rainbird, or approved equal. ‘3 7117198 Contract No. 3391-4 Page 79 of 95 Pages Add the following section: 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. P Contract No. 3391-4 Page 80 of 95 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-I CLEARING AND GRUBBING. 7. 300-1.1 General. add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefor shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials. add the following: Also included in clearing and grubbing shall be removal and disposal of existing walls, DG, existing street poles and lights, metal guard rail, existing fences and gates, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing abandoned underground pipes and conduits, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. All materials removes shall be disposed of at a legally permitted landfill or recycling site. 300-I .3.2 Requirements. add the following: -. Edge of existing AC Pavement shall be sawcut and removed to straight lines as shown on the plans. Sawcut existing AC. pavement shall be considered as included in the contract unit price bid per linear foot for Sawcut Existing Pavement and no additional compensation will be allowed therefor. .-I Payment for traffic control necessary for sawcutting and removals shall be included in the contract unit price bid for traffic control. Payment for the removal of portions of A.C. pavement sawcut will be made at the unit price bid per square feet for Clearing and Grubbing. -. Contractor shall not perform any removals of bituminous pavement without giving at least 48 hours notice to the Engineer. c. 300-1.4 Payment. modify as follows: Payment for clearing and grubbing shall be made at the contract lump sum price for clearing and grubbing within the project limits and at stockpile locations and no other payments will be made. i- 43 7117198 Contract No. 3391-4 Page 81 of 95 Pages .- 300-2 UNCLASSIFIED EXCAVATION. -. -- -- -. 300-2.1 General. add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1’) of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 3003.2.1 General. add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed until a firm unyielding surface is exposed or to a depth determined by the Engineer. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. The cost of spreading and/or drying shall be included in the contract unit price for removal and recompaction. The excavated material shall be placed and compacted in accordance with section 300-4 of the specifications except that section 3004.9, Measurement and Payment, shall not apply. 300-2.2.1 General. add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable soils at specific locations or elevations on the site. Add the following section: 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, such compressible soils shall be removed from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.2.4 instability of Cuts. Add the following: The Contractor shall remove additional material as directed by the Engineer to improve the stability of excavated cuts. The removal of such excavated material shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer, in which case it will be paid for in accordance with Subsection 300-2.2.1. 300-2.5 Slopes. add the following: The hinge points (the top and bottom) of slopes shall be located within 75 mm (0.25’) of the locations shown on the plans. 300-2.5 Slopes. add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. ! P c F ‘3 7117198 Contract No. 3391-4 Page 82 of 95 Pages -- -- L- -- 300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment. substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefor. c- -- When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sump Price for unclassified excavation and no additional compensation will be allowed therefor. -- Add the following section: 300-2.10 Grading Tolerance. Excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas shall be finished within 30 mm (0.1’) of the grades shown on -- the plans. Subgrade tolerances shall conform to the requirements of section 301-I .4 SSPWC. 3004 UNCLASSIFIED FILL c- -- 3004.2 Preparation of Fill Areas. add the following: Except as provided in section 300-4.7, “Compaction”, areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. -- 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. F- -^ Add the following section: 300-9.2 General. Erosion control and water pollution control shall conform to the requirements shown on the plans, specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. -- Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas within the limits of work from erosion. Said protection shall include areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed. The Contractor shall provide temporary earth berms, gravel bags, silt fence, stabilized construction entrance and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to Contract No. 3391-4 Page a3 of 95 Pages -- -- c- -- c- c- protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the “Best Management Practices”, hereinafter BMP, defined and described in the, “California Storm Water Best Management Handbook, Construction Activity”, March 1993 edition as published by the Storm Water Quality Task Force. The Contractor shall maintain a copy of the “California Storm Water Best Management Handbook, Construction Activity”, March 1993 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures . These measures shall include, but shall not be limited to, methods shown on the plans and described herein Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the,requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefor. SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-l SUBGRADE PREPARATION. P 3014.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading “150mm (6 inches)” to “300 mm (12”)“. -- -- 3014.3 Relative Compaction. Delete the first paragraph and substitute the following: The upper 300 mm (12”) of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them shall be compacted to no less than 95 percent maximum dry density as determined by ASTM test D- 1557-91. -- 301-l .7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. f ‘3 7/17/98 Contract No. 3391-4 _ Page a4 of 95 Pages -- -- -- SECTION 302 - ROADWAY SURFACING 302-S AsPHALT CONCRETE PAVEMENT. 30262.5 Pavement Transitions. Modify as follows: Structures and vertical joints in the cold- milled area which are transverse to through traffic shall be ramped with temporary asphalt concrete ‘pavement as specified in section 306-l .5.1. Ramps shall be constructed the same day as cold milling and removed the same day as permanent paving. Ramp dimensions and compaction shall be as approved by the Engineer. 302-5.1 General add the following: Construct Asphalt Concrete Driveway shall consist of constructing AC driveway to provide a smooth transition and match existing driveways as shown on the plans. Full compensation for conforming to the requirements of Construct Asphalt Concrete Driveway shall include but not be limited to placing C2-AR 4000 asphalt concrete 2 in. thick as shown on the plans, unclassified excavation and fill, removal and disposal of existing asphalt concrete material, and shall be considered as included in the contract unit price bid per ton and no additional compensation will be allowed therefor. 302-5.2.1 add the following: Starting at the sawcut edge and working towards the centerline of street, Contractor shall perform variable depth grind. Grind depth shall vary from 2.5” at sawcut edge to 0” at limit line as shown on plans. 302-5.2.6 add the following: Payment for grind existing AC pavement shall be per square foot and no adjustment in price will be made for varying AC thickness. No payment will be made for grinding AC pavement adjacent to curb and gutter that has been replaced under this contract. 302-5.4 Tack Coat. add the following: Tack coat will be required between the successive interfaces of existing pavement and new pavement, when in the opinion of the engineer, the Contractor has failed to maintain or prepare each existing or previously laid course of asphalt receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt receiving the new pavement course is dirty enough to impair bonding between the next lift of asphalt. 302-5.5 Distribution and Spreading. modify as follows After second sentence of sixth paragraph, add: The spreading and finishing machine used to construct the asphalt concrete surface course shall be equipped with an automatic screed control for surface course paving. The automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be operated by an operator and two full-time screed men during all paving. The surface course shall be 50 mm (2”) thick. Leveling courses will be required in a variable thickness pavement section. 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joint rolling procedures shall be required, and vibratory rollers shall be limited to breakdown, unless othentvise directed by the Engineer. Modify as follows: After last paragraph, add: Unless directed othewise by the Engineer, the initial breakdown rolling shall be followed by a pneumatic-tired roller as described in this Section. - 302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete shall be at the unit price bid per ton. No additional payment shall be made for any tack coat. C ‘3 7/17/98 Contract No. 3391-4 Page a5 of 95 Pages c- -- -- SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-I CONCRETE STRUCTURES 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.2 Drainage Outlets through Curb Delete subsection 303-5.1.2 and replace with the following: Construct Curb Outlet shall consist of constructing outlets and all appurtenant pipes and inlets per San Diego Area Regional Drawings, Carlsbad Municipal Water Dept. Drawings and details #l, 3, and 4 as shown on the plans. Construct modified curb outlet shall include but not be limited to sawcutting and removing existing portions of P.C.C. swale and cross gutter, unclassified excavation, unclassified fill, reinforcing steel, 3 in. and 8 in. PVC pipe storm drain, water utility boxes and inlets, anchor adhesive, Class 560 -C-3250 PCC Concrete, as well as furnishing all labor tools, materials and equipment necessary for doing the work and shall be considered as included in the contract unit price bid per each and no additional compensation will be allowed therefor. 303-5.1.3 Driveway Entrances add the following: Construct PCC Driveway(G-14) shall consist of constructing new PCC driveway per San Diego Area Regional Drawing G-14 and as shown on the plans. Widths and centerline locations are as shown on the plans. Construct PCC driveway(Private) shall consist of constructing a 5-l/2” thick PCC driveway apron in order to allow for a smooth transition to match existing driveways. Limits of aprons and typical section are as shown on the plans. Full compensation for conforming to the above requirements for Construct PCC driveway(private) and Construct PCC Driveway(G-14) shall include but not be limited to, unclassified excavation and fill, removal of existing pee driveway, Class 560 X3250 PCC Concrete, as well as furnishing all labor, tools, materials and equipment necessary for doing the work and shall be included in the contract unit price bid per square foot and no additional compensation will be allowed therefor. 303-5.1.4 Access Ramp(Pedestrian Ramp) Construcl Pedestrian Ramp shall include constructing ramps per appropriate San Diego Area Regional Drawings and details as shown on the plans. Construct Pedestrian Ramp shall include but not be limited to unclassified excavation and fill, sawcutting and removal of existing PCC sidewalk, reinforcing steel, anchor adhesive, Class 560 -C- 3250 PCC Concrete, as well as furnishing all labor, tools, materials and equipment necessary for doing the work and shall be considered as included in the contract unit price bid per Square Foot and no additional compensation will be allowed therefor. 303-5.1.5 Construct PCC Cross Gutter Construct PCC Cross Gutter shall consist of removing existing PCC cross gutter and replacing per appropriate San Diego Area Regional Drawings and as shown on the plans. Construct PCC Cross Gutter shall include: Full compensation for conforming to the requirements of Construct PCC Cross Gutter shall include but not be limited to sawcutting and removing existing cross gutter, unclassified excavation, Class 560 C-3250 PCC Concrete, and shall be considered as included in the contract unit price bid per Square Foot and no additional compensation will be allowed therefor. pf% r* 7117198 Contract No. 3391-4 Page 66 of 95 Pages 303-5.5.2 Curb. add the following: Curb face shall be stamped with 75 mm (3”) high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Water Service Lateral Marking W -- Sewer Service Lateral S Irrigation Water Lateral or Sleeve RW 303-5.9 Measurement and Payment. add the following: Curb and gutter, and curb, shall be considered as continuing across driveways and access ramps when constructed adjacent thereto. Neither curb and gutter nor curb will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. SECTION 304 - METAL FABRICATION AND CONSTRUCTION -- -- c- c- r- 304-3 CHAIN LINK FENCE. 304-3.2 Fence Construction. add the following: Fence shall match height of existing chain link fence located at the property effected. Chain-link fence and the fence shall conform to SDRS drawings M-6 and M-20. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-I OPEN TRENCH OPERATIONS 306-1.3.4 Compaction Requirements. delete Section 306-I .3.4 and replace with the following: Trench backfill shall be densified to a minimum of 90 percent relative compaction except that in the top 300 mm (12”) of the street right-of-way, compaction shall be 95 percent. 306-I .5 Trench Resurfacing. 306-1.5.1 Temporary Resurfacing. Delete the fourth paragraph and substitue the following: Temporary bituminous resurfacing materials which are placed by the Contractor are for its convenience shall be at no cost to the Agency. Temporary bituminous resurfacing materials shall be -- used in lieu of permanent resurfacing only when approved by the Engineer. When temporary bituminous resurfacing materials are used in lieu of permanent resurfacing it shall be removed and replaced with permanent resurfacing within 7 days of placement. No additional payment will be -- made for temporary bituminous. resurfacing materials. The price bid for the associated conduit or structure shall include full compensation for furnishing, placing, maintaining, removing, and disposing of such temporary resurfacing materials. 306-I .5.2 Permanent Resurfacing. Add the following: Except as provided in section 306-I .5.1, “Temporary Resurfacing,” the Contractor shall perform permanent trench resurfacing within 24 hours after the completion of backfill and densifrcation of backfill and aggregate base materials. rI% 7/17/98 Contract No. 3391-4 Page a7 of 95 Pages -- -- F.. -- -- -- -- 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, all existing abandoned pipelines and conduits of any type or use and pipelines and conduits of any type or use that are abandoned during the course of the work are to be removed and replaced with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-2 EARTHWORK AND TOPSOIL PLACEMENT -- -- 308-2.3.2 Fertiiization and Conditioning Procedures. add the following: The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the planting areas shall be raked to a smooth friable and plantable surface. All planting areas, except slopes steeper than 3-l/2:1 (horizontal to vertical), shall be cultivated to a depth of 300 mm (12”). The planting areas that are slopes steeper than 3-l/2:1, shall be cultivated to a depth of 150 mm (6”). After cultivation, the soil amendments shown in table 308- 2.3.2(A) shall be thoroughly blended 150 mm (6”) deep in all planted areas. Backfill for planting pits shall conform to the requirements of section 30845. After surface preparation and application of the soil amendments shown in Table 308-2.3.2(A) the Contractor shall obtain a minimum of one test for each soil property listed in Table 308-2.3.2(B) from each median planter, at least one test per 150 m (500’) from each parkway and for each hectare (2.5 acres) of hydroseeded area and shall submit the results of said tests to the Engineer. The Contractor shall then adjust the soil properties to the acceptable ranges of soil properties shown in Table 308-2.3.2(B) using such materials and methods as may be necessary. If adjustments are necessary the soil shall be tested by the Contractor after such adjustments for each soil property listed in Table 308-2.3.2(B) to determine that the adjustments to the soil made by the Contractor result in soil properties within the acceptable range. The Contractor shall adjust the soil properties and show acceptable ranges prior to any planting or application of hydroseed slurry. Prior to the start of any planting or application of hydroseed slurry the surface and root area shall be thoroughly moistened. The Contractor shall certify, in writing, that the ground surface has been prepared in accordance with this section and shall request inspection by the Engineer prior to any planting or seeding. The Contractor shall obtain the Engineer’s approval before any planting or hydroseeding. Ic TABLE 308-2.3.2(B) -- SOIL PROPERTiEs Soil Property Acceptable Range ’ Test Method Repeatability Range of Test PH 6.5 to 7.3 Saturation Paste pH kO.1 pH Dissolved Salts < 4.0 Saturation Paste Soluble Salts f 7% r C ‘3 7117198 Contract No. 3391-4 Page 88 of 95 Pages For areas to receive planting of all types, excluding only hydroseeding, the Contractor shall amend the prepared soil by blending 200 g of 7-7-7 fertilizer per square meter (40 Ibs. per 1,000 square feet) into the top 150 mm (6”) of soil after the completion of adjustment of soil properties and acceptance of the planting area by the Engineer. The Contractor shall apply postplant 12-4-6 fertilizer at the rate of 20 pounds per 1,000 square feet, 30 days after planting and every 30 days through the end of the maintenance period. 308-2.4 Finish Grading.. add following: The finish grade in hydroseed slope areas shall have moderately rough texture to provide a suitable surface for adherence of the hydroseed mix. 3084 PLANTING. c- 3084.1 General. add the following: Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. It shall be the responsibility of the Contractor to provide continuous horticultural services and temporary and/or permanent irrigation to all planted and hydroseeded areas so that the planted and hydroseeded vegetation is 100 percent healthy and thriving prior to, and throughout the, landscape maintenance period. -- Add the following section: 3084.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barriers. Root barriers shall be installed continuously at the edges of all median planter areas. The top of the root barrier shall be 25 mm (I”) below the finish grade of the planted area. The bottom of the root barrier shall be -- installed 520 mm (20’/,“) below the finish grade of the planted area. Install as indicated on the plans, -. eliminating any breaks in the barrier by providing at least 150 mm (6”) of overlap at splices or damaged areas. -- r- -- After installation of new sidewalk or access ramps, root barrier shall be installed a minimum of five (5) feet beyond both sides of tree as shown on plans or as directed by the Engineer. Furnish and install root barrier shall include full compensation for the following, any required excavation or backfill, disposal of removed roots, fill, or any other material, compaction of material around barriers, pruning roots, furnishing and installing root barrier, rerouting existing sprinkler lines as required, as well as furnishing all labor, tools, materials and equipment necessary for doing the work, and shall be considered as included in the contract unit price bid and no additional compensation will be allowed therefor. Roots shall be sealed prior to installation of root barrier with root sealer approved by the Engineer. Roots shall be pruned to a depth of 21” below grade, under the supervision of the Engineer. Add the following section: 308-4.8.3.1 Weed Eradication. Water all irrigated areas to be hydroseeded for three (3) weeks prior to hydroseeding to allow for germination of the weed seeds. Then spray all weeds with a post emergent herbicide. Wait two (2) weeks, then eradicate the weeds prior to the application of the hydroseed mixes. Areas shall be inspected and deemed to be in an acceptable condition by the Engineer prior to hydroseeding. ‘3 707198 Contract No. 3391-4 Page a9 of 95 Pages -- e- -- -. -- -- -- - -- 308-6 MAINTENANCE AND PLANT ESTABLISHMENT. Modify as follows: For hydroseeded, median planters and mitigation area, the maintenance period shall be minimum 120 days or until final acceptance of the project, whichever is the greater. Mowing is not required for hydroseeded areas. The Contractor shall provide complete landscape maintenance of all planting areas. The work shall include, but not be limited to, watering, litter control, weed control, stake repair, cultivating, repair of irrigation systems, and control of diseases and pests. All planted areas, except hydroseed areas, shall .be treated with an approved granular pre-emergent herbicide, according to manufacturers specifications, at the beginning of the maintenance period and if the product specifies, additional scheduled treatments on a regular schedule, as required through the maintenance period. At the direction of the Engineer, the Contractor shall control weeds, disease, and pest infestations in the planting areas. The Engineer shall approve all methods and materials for such control. Upon approval, the Contractor shall implement the control measures, exercising extreme caution in using pesticides and taking all steps to ensure the safety of the public. Only licensed personnel will be permitted to perform toxic spraying work. During establishment period, the Contractor shall furnish sufficient men and equipment on a daily basis to perform the work required by this section. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. All planting areas which are damaged by construction shall be repaired by the Contractor within twenty (20) days following completion of construction in such. The Contractor shall repair such damaged areas. The repair shall consist of bringing the damaged area back to final grade, preparing the soil, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. Contractor is required to take all precautionary measures to protect the native vegetation in all areas outside the limits of grading. Individual trees which are to remain should be protected with the placement of an approved barrier at the drip-line of the tree; Protective barriers to be plastic mesh on redwood stakes 900 mm (36”) high. Groups of trees or shrubs which are to remain should be protected with approved barriers firmly anchored to the ground at an adequate distance to protect the planting. No material should be stockpiled; no equipment parked, repaired, or refueled; and no oil, gasoline, paint, or other contaminants dumped or stored within 7.6 m (25’) of the drip-line of trees and shrubs which are to remain. Temporary irrigation shall be provided for hydroseeded areas for a minimum of 120 days to ensure adequate plant establishment. Towards the end of the maintenance period, the Contractor shall gradually reduce the amount of irrigation to allow plant adaptation to nonirrigated conditions. The Engineer shall inspect all hydroseeded areas for adequate.plant establishment at the end of the maintenance period. Upon the approval of the engineer, the temporary irrigation system shall be shut off at that time. Prior to the acceptance of the hydroseeded areas by the engineer, a certification report must be submitted by a registered Engineer, stating that the hydroseeding was done according to the project specification and that its growth is 80% established, and that the coverage is adequate to prevent erosion. Contractor shall call for a final inspection two weeks before the end of the 30-day and 120-day maintenance period. Failure to pass inspection will result in an extension of the maintenance period for such period as the engineer deems necessary. 308-7 GUARANTEE. Add following: All 600 mm (24”) box trees installed under the contract shall be guaranteed to live and grow for one year from the day of final acceptance of the contract work. All other plant material, including ground covers, shall be guaranteed to live and grow for a period of 30 days from the last day of the maintenance period or final acceptance of the contract work, whichever is the later. Any material found to be dead, missing, or in poor condition during the maintenance period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. Material found to be dead or in poor condition within the guarantee period shall be replaced by the Contractor, at its expense, within 15 days of written notification. Replacements shall be made to the same specifications required for the original plantings. ‘3 7/17/98 Contract No. 33914 Page 90 of 95 Pages Submit written vegetation, planting and irrigation guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor’s letterhead and contain the following verbiage: “Guarantee For Vegetation, Planting and higation System For (Project Name) -- We hereby guarantee that the vegetation and planting we have furnished and installed for (project name) is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in vegetation, material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date bf completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time affer receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. -- Project: (Project Name) Location: (Legal Description of Project Propefly) Name of Contractor.- Address: (Of Contractor) Telephone: : (Of Contractor) By.- (Typed or printed names of signing Officer(s) of the Contractor authorized to bind the Contractor in legal matters) Title: (Of said officer(s)) Signature(s) Date of Execution.-” 308-8 MEASUREMENT AND PAYMENT. add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the hydroseeding described or specified in the contract documents, including soils testing and recommended soil amendments, seed and hydroseed slurry, as well as 120 days’ maintenance and project guarantees. After completion of the project, the Engineer will retain 39% of the total contract amount for Hydroseeding and will disburse to the Contractor the 30% retained at the end of the maintenance period if, at the end of the maintenance period the Engineer is satisfied with the plant establishment. ‘3 7/17/98 Contract No. 3391-4 Page 91 of 95 Pages SECTION 310 - PAINTING 31 O-5 PAINTING VARIOUS SURFACES. “-- C- -. -. -- -. -. c. -- 310-5.6 Painting Traffic Striping, Pavement Markings and Curb Markings. Modify the fifth paragraph as follows: The Contractor shall furnish all equipment, materials, labor, and supervision necessary for painting traffic lanes, directional arrows, guidelines, curbs, parking lines, crosswalks, and other designated markings in accordance with the Plans, or for approved temporary detours essential for safe control of traffic through and around the construction site. The Contractor shall remove by wet grinding all existing or temporary trafic markings and lines that may confuse the public. When temporary detour striping or markings are no longer required, they shall be removed prior to painting the new traffic stripes or markings. 31046.3 Equipment. Delete the ninth paragraph and substitute the following: The Contractor shall provide a wet grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that conflict with the striping plan, or are contrary to the Traffic Manual, or that may be confusing to the public. The surface produced by grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm (‘&“) in 3 m (10’) when measured parallel to the centerline of the street or more than 6 mm (1/4”) in 3 m (10’) when measured perpendicular to the centerline of,the street. The use of any equipment that leaves ridges, indentations or other objectionable marks in the pavement shall be discontinued, and equipment capable of providing acceptable surface shall be furnished by the Contractor. This equipment shall meet all requirements of the air pollution control district having jurisdiction. Removal of striping by high velocity water jet may be permitted when there is neither potential of the water and detritus from the high velocity water jetting to damage vehicles or private property nor to flow from the street into any storm drain or water course and when approved by the Engineer. All water from high velocity water jet striping removal shall be vacuumed from the pavement immediately after the water jetting and shall not be allowed to flow in the gutter, enter the storm drain system or to leave the pavement surface. Surface variation limitations for high velocity water jet striping removal shall be the same as for grinding. 31 O-5.6.6 Preparation of Existing Surfaces. Modify the first paragraph as follows: Existing markings and striping, either permanent or temporary, which are to be abandoned, obliterated or that conflict with the plans shall be removed by grinding methods. Dry or wet sandblasting may not be used in any areas. Alternate methods of paint removal require prior approval of the Engineer. Obliteration of traffic striping with black paint, light emulsion oil or any other masking method other than a minimum 30mm (0.10’) thick asphalt concrete overlay is not permitted. -- -- r- 310-5.6.7 Layout, Alignment, and Spotting. Modify the first paragraph as follows: The Contractor Shall establish the necessary control points for all required pavement striping and markings by surveying methods. No layout of traffic striping shall be performed by the Contractor before establishment of the necessary control points. The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than 80mm per 100m (l/2 inch in 50 feet) from the specified alignment.. Straight stripes deviating more than 80mm per 1OOmm (l/ 2 inch in 50 feet) shall be obliterated by grinding, and the markings corrected. The Contractor shall lay out (cat track) immediately behind installation of surface course asphalt and as the work progresses. -- 310-5.6.6 Application of Paint. Modify the second paragraph as follows: The first coat of paint shall be done immediately upon approval of striping layout by the Engineer. Paint end of median noses yellow. * ‘3 7117198 Contract No. 3391-4 Page 92 of 95 Pages c- Add the following section: 31 O-6 FINAL AND TEMPORARY TRAFFIC SIGNING AND RAILING (TYPE K). 310-5.6.10 Measurement and Payment. modify as follows: Final and temporary traffic striping, curb markings and pavement markings as shown on the plans and required by the specifications shall be included in the lump-sum price bid for temporary and final traffic striping, and no additional compensation will be allowed therefor. The lump sum prices bid and shall include all labor, tools, equipment, materials, and incidentals for doing all work in installing the final and temporary traffic striping. All costs for temporary pavement painting for the convenience of the Contractor, including costs for sandblasting of existing lines and markings, shall be at its expense and no additional compensation shall be made therefor. Add the following section: 310-6.1 General. Final and temporary traffic signing and railing (type K) shall be applied at the locations shown on the plans and as required in the specifications, complete in place prior to opening the traveled way to public traffic. Temporary traffic stripes shall be applied in one coat. Temporary traffic stripes shall be maintained by the Contractor so that the stripes are clearly visible both day and night. Reapplication of the stripes and markings shall be repainted at the Contractor’s expense. C. -. 7. 31 O-6.2 Permanent Striping. Temporary pavement markers shall be placed in accordance with the manufacturer’s instructions. Temporary pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary pavement markers in areas where removal of the markers will be required. Pavement striping, legends and markers which conflict with any traffic pattern shall be removed by grinding as determined by the Engineer. -. -. The Contractor may use reflective pavement markers for temporary pavement markers, except when the temporary pavement markers are used to replace patterns of temporary traffic stripe. Reflective pavement markers used in place of the removable-type pavement markers shall conform to the section entitled “Pavement Markers” of these special provisions, except the 14-day waiting period before placing the pavement markers on new asphalt concrete surfacing as specified in Section 85-1.06, “Placement”, of the CALTRANS Standard Specifications shall not apply; and epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Reflective pavement markers used for temporary pavement markers will be paid for as temporary pavement markers. -. Add the following section: 31 O-6.1 .l Measurement and Payment. Temporary traffic striping and markings shown on the plans will be paid for as a part of the lump-sum cost for traftic control. -. The lump-sum contract price paid for traffic striping and markings shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in applying, maintaining, and removing temporary traffic stripes and pavement markings, complete in place, as shown on the plans, as specified in the Standard Specification and these special -- provisions, and as directed by the. Engineer. -- Full compensation for furnishing, placing, maintaining, and removing the temporary reflective raised pavement markers, used for the temporary laneline and centerline delineation which is not shown on the plans, including the signing specified for “no passing” zones; and for providing equivalent patterns of the permanent traffic lines when required; shall be considered as included in the lump- sum prices paid for that item of work. r- ‘3 ?/I?/98 Contract No. 3391-4 Page 93 of 95 Pages Add the following section: 310-6.3 Signing. Signing for temporary traffic control shall conform to the following requirements. Add the following section: 310-6.3.1 General. The Contractor shall provide and install all temporary traffic control signs, markers, markings, and delineators at locations shown on plans and specified herein. Add the following section: 310-6.3.2 Maintenance of Temporary Traffic Signs. If temporary traffic signs are displaced or overturned, from any cause, during the progress of the work, the Contractor shall immediately replace the signs in their original approved locations. The Contractor shall maintain all temporary traffic signs used in the Work in a clean, reflective and readable -condition. The Contractor shall replace or restore graffiti marked temporary traffic signs and posts used in the Work within 18 hours or 2 hours during working hours, whichever is the lesser, of being marked by graffiti. Add the following section: 310-6.3.4 Payment. All costs for signing for temporary traffic control shall be included in the lump- sum price bid for temporary traffic control, and no additional compensation will be allowed therefor. -* b 7117198 Contract No. 3391-4 Page 94 of 95 Pages Y. ,- C. -. . c. P -- ‘3 7f17J98 APPENDIX 1 Contract No. 3391-4 Page 95 of 95 Pages -. -. -. r’ -. T. j r -- ; r ,: k [ 21 PART II MATERIALS Ah pipe, fittings and valving shall be designed to operate at the safe working pressure as designated on plans. All flanges will be specified on plans and the contractor shall furnish the District Engineer certified copies of manufacturer’s test reports that all pipe fittings and valving have passed the hydrostatic test as set forth in the speci&ations. All pipe and fittings shall be clearly marked with the name of manufacturer or with trademark of a size and type which has been approved by District. SECTION A PIPE A-l P.V.C. shall conform to kW.W.A. C-900 and provide pipe with rubber ring bell end or plain end with rubber ring coupling. (Solvent welding not allowed). Provide pipe with cast iron equivalent outside diameter and Class 150 or 200 pressure rating (per PW* & D.I.P. shall conform to alI requirements of Federal Speci&ations WWP-421C, U.S.A. Standard A21.51 and RW.WJ%. C-151. Centrifugally cast for water. All pipe and fittings shall be double thickness, cement mortar lining and use cement conforming to ASTM Cl50 Type II, kW.WA C104M21.4.90 and outside coating of asphaltic coating. Type of joints shall be push on, ‘Qton joint, GripTite or approved equal, Use D.LP. push-on fittings conforming to kW.WA Cl10 or’C150 with a minimum rated working pressure of 250 psi. Provide fittings with bell and Rubber O-Ring gaskets specifically designed for cast iron equivalent outside diameter P.V.C pipe. All pipe and fittings shall bc polyethylene encased in sleeved “Baggies” and conform to A.W.WJI ClOM21.5 double wrap with 8 mil. polyethylene film for total thickness of 16 mil. A3 STL PIPE shall be manufactured in courses not less than 10 feet (10’) long, having not more than two (2) longitudal and three (3) circumferential seams per section. The manufacturer of pipe shall have had three (3) years of experience manufacturing of similar size and type. All pipes and pipe joints shall be of uniform diameter and workmanship. Any pipe, either before or after placing of cement mortar lining and cement mortar coating, will be rejected if not in complete accordance with these speci&ations. PartII-I&CWS %CtiOSA lom3Rm I -. I 22 / -- ; _. i i -. -1 _t i J I -I Standard ends of oioe sections shall be bell and spigot, rubber gasket type, as shown on the drawings or approved by the District Engineer, circular in shape and so designed and fabricated that when the pipe is laid, the joint will be sclfcentering. The joint shall be so designed that the gasket will be completely enclosed by steel on all four sides. Both ends shall be formed in such a manner to insure perfect roundness of the ends and a groove of uniform dimensions. The gasket shah not be required to bear the weight of the pipe. The outlined interior surface of the bell and the uncoated exterior surface of the spigot shall be protected by a corrosion resistant paint. Other ends, where called for on the drawings, shall be of the following types or equals. Ends for mechanicallv coupled field ioints: Ends for Dresser-type couplings shall be plain, with the weld bead ground flush outside for the required w back from each end. For Victual&type couplings, en& shall be banded, or provided with shouldered ends. For bolted joints, ends of sections shall be swaged, if required. Plain ends fitted with flanees: Ends to be fitted with flanges shah have the weld bead ground flush for the distance the flange is to slip over the end. Flanges shah be welded to the pipe ends with full fillet welds both inside and outside. Flanges shall conform to kW.WA C207 or as amended AU flange bolts and nuts, except where otherwise specified, shall be made of the best quality refined iron or mild steel, and shah have sound, well fitting threads. Bolts shall be provided with standard hexagonal cold-pressed nuts and standard square heads, unless hexagonal heads are required for clearance. Flange bolts for each size of flange shah be of the diameter required, and of such a length that, after installation, they will not project more that 9% inch beyond the outer face of the nut. Ends of nine sections - welded ioints: One (1) of each section shall be swaged out to form a female or bell end which shall permit the male or spigot. end to enter approximately one inch (1”) with a clearance of appraximately lf32 inch. The spigot end shall be “sized” to permit it to enter the bell end of the adjacent section and the weld bead shah be ground flush for the distance it is to enter the bell end Welded ioints shall be completed in the trench. When the pipe is being laid, both the spigot and the bell ends shall be thoroughly cleaned of all foreign ,matter and all protective material shall be removed from the surfaces that are to be in contact at the joints. Just prior to joining the two ends together, each end of the pipe shall be “buttered” with cement mortar in such a manner and in sufficient quantity to completely fill the space between the respective mortar linings. After the joining is d- PartII-Materials SCCtiOlbA lcw93 Rev. 23 c -’ -j t -! i i , F-i I -i ! ! 4 completed, the pipe interior shall be swabbed to remove all excess mortar by drawing an approved type swab or squeegee through the pipe. For pipe 24 inches in nominal inside diameter and larger, a Y2 inch recess between adjacent linings shall be provided and later painted from the inside with cement mortar and troweled smooth. All welding shall be done by experienced welders, qualified in amrdance with the Standards of the American Welding Society. Field welding shall comply with the requirements of piW.W.A CZO6, or as amended, standard for field welding of steel water pipe. In all hand welding, the metal shah be deposited in successive layers and the minimum number of passes or beads in the completed weld shall be as follows: Steel Cylinder Thickness Fillet Weld Inches Minimt~ Number of Passes Smaller that 3/16” 3116” and l/4” S/16’ 3/rr 2 2 3 3 Where welded joints are designated on the Plans, the pipe may be joined with rubber gaskets as specified in the above provision for rubber ring joints in lieu of slip (lap) joints. The outside recess between the bell and spigot shall then be caulked with a rod to facilitate the welding. The weld shall be continuous for the full circumference of the pipe. After the joints have been welded, the joint shall be grouted with cement mortar in the same manner as specified for rubber ring joints. Bonded ioints: Standard rubber gasket joints shall be electric bonded with steel jumper rods in accordance with the Standard Drawing, and butt strap shall be welded and grouted in accordance with the Standard Drawing Rubber Gasket: The rubber gasket used for sealing field joints shall be made of special composition rubber, shall be circular, and of such size as to provide a water- tight joint. The rubber compound shall consist of first grade natural rubber, synthetic rubber, or suitable combination thereof. The gasket shall be the sole element depended upon to make the joint water-tight. The gaskets shall be furnished with the PWtIX-hAlltCIidS SdOltA la/l/Y3 Rev. 7, i 7’ i *i -1 i -I - I i -; i -1 - -, C. r: j I r: r r v I I f- / r i / F F 24 pipe. Gaskets shall conform to Federal Test Methods Standard No. 601., 4111,4121, 3311, 722 or 7111. Cement Mortar Lining and Coating shall conform to A.W.W.A. C-205 or latest edition. ASBESTOS CEMENT PIPE shall have a pressure Class of 150 or 200 as designed on plans. Each coupling sleeve shall be tested for four (4) tunes the recommended operating pressure and each length of pipe tested to three (3) times the recommended operating pressure. COPPER WATER TUBE shall conform to Standard. Specifications for seamless copper water tube. ASTM Designation No. B-99 Type K (soft) and ‘Qpe K (hard) for one inch (1”) or two inch (2”) siz only. All Sweat-type fillings shah be silver soldered, 15 percent (15%) SILFLG or approved equal. Buried copper tubing, brass, pipe fittings, and valves and appurtenances shah be completely encased with minimum six inches (6”) below and sides and 12 inches (12”) above piping in sand Sand shall be free from all foreign material, and all buried copper piping and fittings shall require cathodic protection per Standard Drawing W-25. END OF SECTION A PNtII-Materials SdOnA 1011193 Rtv. II 7. I _j 1 -1 3 ,- ) - J - - : *- 7 SECI’ION B FTITINGS BENDS. TEES, ADAPTERS. SADDLES AND FLANGE GASKETS P.V.C AND D.I.P. FI’ITINGS shall conform to AW.WA CllOwith minimum rated working pressure or 250 P.S.I. Provide fittings with bell and Rubber-O-Ring gaskets specif%ahy designed for cast iron equivalent outside diameter P.V.C. pipe, Specials and Fittings shall conform in all respects to tbe AW.WJL Spec. CllO/A21.10.82, Clll/A21.11.79. Flanges and D.LP. fittings shah conform to kW.WA C-110 or ANSI B16.47 Class 150. Lining and coating at D.I.P. shah be double thicImess conforming to ASTM Cl50 Type IL The interior of the fittings will be cement mortar by factory per AW.WA Cl04 or latest edition. STEEL FABRICATED FI’ITXNGS conform to AW.W.A. C2OM3 or latest edition and flanges and shall conform to A.W.WA C207-86 and field welding shall conform to kW.WA C206-91. ACP Fl’ITINGS shah conform to kN.S.L-A.W.W.A C-llOM21.10.82 (latest edition) and cement mortar lining shah conform to AW.W& C-104/A21.4.85 (or latest edition). CAST-IRON FLANGES: Cast-iron flanges shall be ASA Designation B-16.1, latest revision, for class 125 and ASA Designation B-16.2, latest revision, for class 250.150 pound (150 Ib.) and 300 pound (300 Ib.) steel flanges shall be as speciiied by ASA Designation with the exception that all classes of flanges to be buried shall be fiat faced with ring-type gaskets. Flanges to be placed in structures, either underground or above ground, shall be as follows: Cast-iron flanges CIass 125 or 15f+tnd steel flanges shah be flat faced with ring-type gaskets; Cast-iron flanges class 250 or 300- pound steel fIanges shah be raised with ring-type gaskets. In any case, fIange thickness shaIl not be less than that designated by applicable ASA Specitications. FORGED STEEL SLIP-ON FLANGES OR WELDING HUB FLANGES: Shah conform to AW.WA C-207, latest edition. Forged steel slip-on flanges or welding hub flanges, when called for on the drawings, shall be furnished for all companion flanges and connections. Class of pressure rating shall be shown on plans. BLIND FLANGES: Blind flanges shall be plate-type flanges conforming to the requirements hereinafter specified or shall be forged steel. Plate-type flanges shaII be permitted for blind flanges, reducing flanges, special flanges and flanges which are Part II - Materials SCCthB lo/W3 Rev. c- I _ -- -- -- -- -- c- c- -- c- c- -- c. ,F- c 26 greater in diameter than 244nch nominal size. Flanges 26 inches or greater in diameter shall be manufactured to MSS (Manufacturer’s Standardization Society) SP- 44 Standards. Plate flanges less than two inches (2”) in thickness shall be machined from steel plate conforming to the requirements of ASTh4 Standard A-285, firebox, Grade C Plate flanges two inches (2”) or more in thickness shall be machined from forged steel conforming to the requirements of ASTM Standard A-181, Grade 1. STUDS FOR FMNGE CONNECI’IONS: The studs for flange connections shall conform to the requirements of AS’IM Standard A-193, Grade B-7, except that requirements specified herein shall control where at variance with said ASI’M @adard. Studs threaded fun length, each with one (1) nut, shall be furnished for flange bolting. Nuts shall conform to the requirements of ASTM Standard A-194, Grade 1 or Grade S-H, Heavy Series. The fit shall be free fit (Class 2), except that medium fit (Class 3) shall be provided in holes tapped for studs. Threads made by rolling will not be permitted. Studs will be of such length that not less than Y4 inch nor more than % inch will project through the nut when drawn tight. GA!XEIS FOR FLANGED JOINTS: Gaskets for flanged joints shall be made of asbestos composition sheet packing, graphited on both sides, l/16 inch thick and of the type required for the joining of the type facing on the flanges being used. Gaskets shall be “drop-in” type. VICI’AULIC TYPE COUPLINGr Victaulic type couplings shall be designed for a water working pressure equal to the design pressure for which they are to be installed They shall be equipped with rubber gaskets for water setice. They shall be designed for use with cast-iron pipe or fabricated steel pipe with shouldered ends. Bolts shall be of alloy steel, F’LEXIBLJI COUPLING: Flexible couplings shall be of the compression rubber gasket type, as required for the particular type of pipe involved and approved by the District Engineer. END OF SECPION B PaltII-nIlam SCdhB lm93 Rev. -- r c- 27 SECI’ION C VALVING -- -- -- -- -- c-l ALL GATE VALVES required by the plans and specifications and furnished by the Contractor shall be put into operation before acceptance of the work Such operation shall be in accordance with every detail of operation, and such valves shall show no sign of leakage. -Glands and other appurtenances shall be in first class working order. Gate valves shall be furnished by the Contractor and installed, complete with piping, fittings, valve boxes, extensions and covers, at the locations indicated on the plans and in accordance with these specifications. Unless otherwise shown on the plans, all gate valves shall have non-rising stems, “0”-ring seals and machine surface 5ge face. 3”-12” Gate Valves. These specifications cover iron-body resiliented-seated gate valves with non-rising stems with a design working pressure of 200 psi. All valves shall comply with kW.W.A. Standard C509.87 or its latest revision. All internal and external ferrous metal surfaces shall be factory epoxy coated, holiday free and to a minimum thickness of 4 mils and meet A.W.W& Standard C550.90 latest revision. The resilient gate shall be fully encapsulated. Valve stems shall be ND= bronze, Copper Development Association (CDA) Alloy No. C99500 with a maximum of 2% zinc and 2% aluminum, and a minimum tensile strength of 70,000 psi and a minimum yield strength of 40,000 psi. O.S. & Y. valves will be used on detector check valve installations only (See Std. Dwg. No. W-16). Gate Valve Boxes. Gate Valve boxes shall be Brooks 4’IT Series or J. & R. 4T, normallv closed gate valve boxes shall be Brooks Series 3RT. All gate valve box covers shall be marked “Water”. All complete in place (per Drawing No. W-13.) c-2 BUTIBRFLY VALVES shall be furnished by the Contractor as indicated on the plans and shall be installed complete with piping, fittings, valve boxes and covers at the locations indicated on the plans and in accordance with these specifications. Butterfly valves as shown on the plans shall comply with A.W.WA Standard for Rubber Seated Butterfly Valves C-504 or latest edition. All butterfly valves shall be flanged. Only butterfly valves fourteen inches (14”) in diameter and larger may be used. All butterfly valves must be fIanged and where used in P.V.C., D.I.P., and AC.P. pipelines, shall have approved flanged adapters so that appropriate thrust blocks may be installed as shown in the Standard Drawings. Butterfly valves shall be supplied with manual operators unless otherwise specified. Butterfly valves may be PtutII-MateriaIs SCCtiOOC wlB3 Rev. -- -- -- 28 used only when so indicated on the plans. c-3 PLUG VALVE: Plug valves shall be furnished by the Contractor as indicated on the plans, and shall be installed, complete with piping, fittings, valves boxes and covers at the locations indicated on the plans and in accordance with these specifications. All plug valves shall be semi-steel plug valves, with all internal ferrous metal surfaces except bronze or stainless steel shall be factory epoxy-coated and holiday free with either gearing modified for buried service with two inch (2”) square operating nut and grease fitting to surface or operating hand wheel, as indicated on the plans. Exact/type model shall be submitted to District Engineer for approval prior to installation. M PRESSURE BEGULATING AND PUMP STATIONS. Design Engineer shall meet with District Engineer prior to preparation of improvement plans. The design shall be approved by the District Engineer. c-$ AIR BELEASE AND VACUUM VALVES: The Contractor shall furnish air release and vacuum valves at all locations shown on the plans, and other high points as deemed necessary by District Engineer including all pipe, valves, fittings, valve boxes and covers as shown on the plans and standard drawings necessary for a complete and operating system. Combination air release and vacuum valves shah be heavy-duty combination air release valves, or approved equal, size as indicated on the drawings. c-6 MANUAL AIR BELEASE AND BLOW-OFT ASSEMBLIE& Installation shall include adequate sized angle meter stop valve, adequate sized brass bushing or companion flange, brass street ell, adapter (MIP X NSHI) and hose cap. c-7 FIRE HYDBANT shall meet or exceed kW.WA. C-503, latest revision, and all shall be wet barrel hydrants with a rated working pressure suitable for the pressure zone of the installation. Unless noted otherwise, provide two-way fire hydrants having one 2?4 inch and one 4 inch outlet. Threads on outlets shall conform to NFPA No. 1963, Standard for Screw Threads and Gaskets for Fire Hose Connec6ons. Provide a plastic cap with chain on each outlet. c- /c r- Pmn-Materials SCCtiOnC lQw3 Rev. 29 -- -- Equip wet barrel fire hydrants with slow opening and closing type valves. Stem to valving assembly shall be of a swivel type design. For 150 psi maximum working pressure, provide hydrants that conform to kW.WA C503. Construct hydrant of all bronze conforming to ASTM B62 and cast head in either one or two parts. Drill base flange of hydrant to the six (6) hole San Diego Standard with six (6) 7/8 inch (7/S”) diameter bolt holes on a 9% inch (9?4”) bolt circle. Use O-ring gaskets for stem seals and between head pieces. Hydrant shah be two way and outlets shall be fully serviceable in the field. -- c-8 SERVlCE CONNECl’lONS: All water service connections, regardless of main size or services size, shall be wide strap, double strapped saddles supplied with flat silicon bronze with bronze or stainless steel strap with bronze or stainless steel nuts and washers with “0” ring gaskets. Saddles shall be tapped with iron pipe threads. Full circle opening for the straps shall be provided in the saddle. Nuts and bolts to be coated with non-oxide grease prior to installation. c- B CORPORATION SKDP VALVE: All materials and installation shah be appropriate model number specified on the Standard Drawing and as manufactured by the companies listed in Materials List (page 3). -- m ANGLE MEPER STOP VALh: All materials and installation shah be the appropriate model number specified on the Standard Drawing and manufactured by -- the companies listed in Material List (page 40). L- u HANBLE BALL VALVEz is located on customer’s side of meter and is installed and supplied by District. If other arrangements are made all materials and installation shall be the appropriate model number specified on the Standard Drawing and manufactured by the companies listed Materials List (page 9). -- -- -- C-12 BACKFLOW PREVENTER S shall be the same size as the water service assembly. Where normal minimum water service pressure is less than SO psi for reduced pressure types; the District may require the next larger device size. Device shall be approved by the State of California Department of Health Services and Carl&ad Municipal Water District. Reduced Pressure Type, 3% Inches through 6 Inches: Backflow preventers of the reduced pressure type shall conform to kW.WA C511 ’ or latest revision with a minimum rated working pressure of 150 psi. Provide two independently operating check valves, an automatic pressure differential relief valve located between the check valves, two resilient seated shutoff valves, and four resilient seated testcocks so that a test of each check valve can be made. Check valves and the differential relief valve shall be constructed for servicing without Partll-h4amials SCCtiOllC lonr93 Rev. r- 1 r- I c- -- i -- I ; _- I f j -- ! I ,-- c- c- r- c- _- c- r- r- r- ,- r 30 removing the device from the line. Backflow preventers, 2 inches and smaller, shall be bronze conforming to ASTM B61 or B62. BackfIow preventers, larger than 2 inches, shall have cast iron bodies and covers. All interior cast iron shah be factory epoxy coated conforming to ASTM Al26 Class B. All internal working parts shall be bronze conforming to ASTM B61 or B62 with Type 304 or 316 stainless steel trim. Devices shall be approved by Carisbad Municipal Water District and will require a copy of RP. Test Report after installation and prior to occupang. . EXPANSION: The addition of a backflow Prevention assembly to a water service will constitute a closed system. The District will not provide thermal expansion facihties for this condition. Provide sufficient facilities for thermal expansion and check for proper operation of existing thermal or pressure relief devices. END OF SECTION C PartII-Materials SStiOnC lo/1193 Rtv. 31 SECTION D MISCELLANEOUS r- c- -- i / 7.. i I I -- -- All buried copper piping and appurtenances shall be protected by means of cathodic protection. If developer/owner conducts a soils test report and demonstrates that protection can be performed in another manner, the District Engineer will consider alternate form of protection. m CATHODIC PROTECTION FOR BURIED COPPER Zinc Anode: Anode shah conform to ASTM B418, Type II and shall be a prepackaged zinc ahoy ingot of the following chemical composition: Aluminum ........................................... 0.005% Max. Cadmium ............................................ 0.003% Max. Iron ................................. . ............. 0.0014% Max. Zinc ................................................ Remainder Anode Weight: Ingot weight of the prepackaged tic anode shall be 3O.pounds (30 lbs.) Anode Size: Dimensions of the anode ingot shah be 2 inches (2”) square by 30 inches (30”) long. Anode Backtiih Bach zinc anode shah be prepackaged in a permeable cloth bag with a backfiil of the following composition. Gypsum ................................................... 75% Powdered Bentonite .......................................... 20% Anhydrous Sodium Sulfate ...................................... 5% Ziic Anodes: Bach prepackaged zinc anode shall be installed horizontally in a hole a minimum of three inches (3”) larger that the prepackaged anode diameter. The anode shall be installed under any new copper water tubing, this includes service lines, blow-offs, air releases and sample points. The anode shall be positioned midway between the beginning of the copper water tubing and its termination point. There shall be a minimum separation of two feet (2’) between the copper water tubing and the zinc anode. Do not lower, transport, handle or lift the anode by the lead wire. Backfill grains shall be capable of IO0 percent (100%) passing through a 100 mesh r- - ic c- Partll-Mawieb !kCliOnD 10/l/B Rev. -- -- -- r- 32 screen. The backfill shall be firmly packed around the anode by mechanical vibration to a density which will maintain the zinc ingot in the center of the cloth bag and surrounded by at least one inch (1”) of backfili. The packaged weight of the 30 pounds (30 lbs.) (ingot weight) zinc anode and the backfill shall be approximately 70 pounds (70 Ibs.) Steel Core: Anode shall be cast full length with an elmgalvanizd %-inch diameter steel which shah be exposed at one end for connection of the anode lead wire. Anode Lead Wire Anode lead wire shall be AWG No. 12 stranded copper wire with THWN insulation conforming to UL Standard 83. Wire shall be attached to the steel core with silver solder. The connection shall be encapsulated in a heat shrinkable sleeve. Anode lead wire shall be of sufficient length to extend from the anode to the designated termination point without a slice. Wires with cut,or damaged insulation will not be accepted and replacement of the entire lead will be required at the . Contractor’s expense. Anode lead wire shall run in the pipe trench to the end of the pipe run. At meter services, anode lead wire with a crimp on ring connector shah be coiled in the meter box for attachment by District personnel when they install the water meter. At air releases and sample points, the anode lead wire shall be clamped to the riser. At blow-o& and manual air releases, anode lead wire shall be coiled in the vahre box and clamped to the riser. Zinc Reference Electrodes Zinc reference electrode shall be 96” x 7X x 12”. zinc ribbon with 0.135 inch galvanized steel core. Lead wire for the zinc reference electrode shall be AWG No. 12 stranded copper wire with TT-IWN insulation Lead wire shall be silver soldered to the steel core of the zinc ribbon and all exposed copper and steel at the connection encapsulated in a heat-shrinkable sleeve. Pioe Leads Pipe leads shall be AWG No. 8 stranded copper wire with high molecular weight polyethylene (HMW-PE) insulation speci8cally designed for cathodic protection service and suitable for ,direct burial in corrosive soil or water. Polyethylene insulation shall conform to ASTM D1248, Type 3, Class C, Grade 5. Each pipe lend shall be of sufficient length to extend from the attachment to the pipe to the test box or anode test box without a splice. Wires with cut or damaged insulation will not be accepted and replacement of the entire lead will be required at the Contractor’s expense. Bond Wires Bond wires shall be AWG No. 4 stranded copper wire with high molecular weight polyethylene (HMW/PE) insulation specifically designed for cathodic protection service and suitable for direct burial in corrosive soil or water. PartII-MaWhIS Section D 10/l/93 Rev. ,-- r 33 c- D-2 -- -- xi3 c- c- &! -- c- Es Dd -- Polyethylene insulation shall conform to ASTM D1248, Type 3, Class C, Grade 5. Bach bond wire shall not exceed 18 inches in length. Pine Clamns Pipe clamp used to attach the zinc anode lead wire to the above ground riser portion of the copper water tubing shall be brass or copper and of a size to fit the tubing. The pipe clamp shall have a screw terminal suitable for an AWG. No. 12 copper stranded wire. (See Dwg. No. W-25.) All Buried Conuer Pining (i.e., water service, M.A.R., A.V.A, B.O.‘s) shall require cathodic protection (See Dwg No. W-25). VALVE BOXES: The Contractor shall furnish new valve boxes and extensions for all new valves. All lids shall be a cast iron box cover marked “Water”. Blow-off and manual air release assemblies shall be 12” diameter x 24” asphalt coated with a cast iron box cover can, asphalt coated and 12” diameter cast iron box cover (marked ‘WATER”). MEIERBOXANDLID All materials, installation and sizing shall be the appropriate model number specified on the Standard Drawing and manufactured by companies listed in Materials List (Page No. a). All meters above 2” will require design engineer to meet with the District Engineer prior to preparation of plans. The design will be approved by the District Engineer. DHIECI’OR TAPE INSTALLATION: All buried water lines shall require location tape installed over centerline of the water line and twelve inches (12”) above the top of pipe. Tape shall be metalized foil core two inch (2”) width “Detectable Terra Tape,” Thor Enterprises, Inc., P.O. Box 454 Sun Prairie, Wisconsin 53590, or approved equal. See Materials List (Page No. 40). BURlELI PIPE. FLANGES AND VALVES: All underground valves, flanges, nuts and bolts shall be coated with non-oxide grease, or approved equal, and then double wraDned with 8 mil nolvethvlene film fANSI/AWWA) (or equivalent to 16 mil total) and all seams taped to prevent the entry of moisture. SHOP DRAWINGS: Prior to fabrication or forming, the Contractor shall submit shop drawings prepared by the pipe manufacturer or vault maker showing details of materials and dimensions to be supplied. Shop drawings shah be accompanied by a factory certification that the materials to be supplied will comply in all respects with PartII-MitChIS ScctionD lOM3 Rev. 34 the plans and specifications for the work. I -- I I ! -- i IJ-J PAINTING: All exposed ferrous metal surfaces and appurtenant facilities, either interior or exterior, shall be painted as herein specsed. Storage tanks and/or other major structures shall be painted in accordance with detailed special provisions included. in their respective project plans and specifications. Surface Preparation: Surfaces to be painted shall first be thoroughly cleaned to remove dirt, loose scale, rust, oi& grease or other foreign matter immediately prior to painting. Cleaning shall be done with abrasives, scrapers, wire brushes, sandblasting, solvents or other means approved by the District’s Representative. e- Expose ferrous metal appurtenances, under either interior or exterior conditions, shall be painted. Such appurtenances include, but shall not be limited to, valves, fittings, supports, piping, vents, etc. See Materials List for number of coats to use. (Page No. 41.) c- c- ?- ‘- Valve Box Lids: See Material Lists for prime coating, finish coating of above ground facilities. If in the opinion of the inspector, the coverage is inadequate, a second coat may be required. Fire Hvdrants: Shall be painted with Frazee Aero Plate II, No. 6480462 bright yellow paint. Brass. Bronze and Cooner: Brass, bronze and copper appurtenances except fire hydrants and hydrant valves shall not be painted unless specifically called out on project plans and specifications. &tJ CONCREI’E All portland cement concrete shall conform to the provisions of the ‘Standard Specifications for Public Works Construction” Green Book, latest edition, except as herein modsed. Portland cement concrete shall be composed of portland cement, fine aggregate, course aggregate, and water proportioned and mixed to produce a smooth dense workable mixture. It can be of the ready-mix variety as produced by any reliable ready-mix concrete firm. Portland cement, including portland cement used in precast products, shall be Type II conforming to ASTM c150. Part II - Materials SeaionD lo/m Rev. T . F- c- e- +- -- P-- -- t , -- -- r- r- c- c- -- c- r”- 0- c- 35 Concrete mix design shah conform with ASTM C94. Use classes of concrete as described in the following table. ClaSS A B ‘hoe of Work IL&Day Compressive Strength fin nsi) Minimum (IklIutw fmIbduerCY. Concrete for all reinforced structures, manhole bases, pie- vaults Concrete for anchors, thrust blocks, encasements, slope protection cutoff walls, cradles, and miscellaneous unreinforced concrete 3,ooo 564 (6 sack) 470 (5 sack) The concrete reinforcement, forming, mixing, pouring, finishing and curing shall conform to the “Standard Specifications for Public Works Construction” Green Book, latest edition. EARTHWORK All structural, trenching, backfilling and compacting, and paving shah conform to the “Standard Specifications for Public Works Construction” Green Book, latest edition, except as herein modified Trench Excavation: Trench excavation for pipelines, fittings, valves and appurtenances shall be as follows: Minimum trench width shall be: Nominal Inside Pine Diameter Trench Width 4” through 12” 14” through 24” 27” through 36” Outside diameter plus 12” Outside diameter plus 16” Outside diameter plus 20” Where shoring or encasement is required, trench widths shall be increased accordingly. Partrr-Materials Section D 10/l/93 Rev. 36 J J J J I -. i -- Trench Death: Trench depth shall be adequate to accommodate the pipe and its foundation at the profile shown on the plans. Pipe Submade: Pipe subgrade at the trench bottom shall have a flat or semi-circular cross section. The bottom of the trench shall be graded and prepared to provide a fnm and uniform bearing throughout the entire length of each joint except for required “bell holes” at joints. Pipe shah not be laid on earth mounds. Joints and couplings shall not rest on the trench bottom. Foundations in Poor Soil and Rock: Foundations in poor soil shall be constructed by removing alI soft, spongy, and deleterious materials below pipe bottom grade to a depth determined by the Inspector. The void shall then be backfilled to pipe grade with sand or approved bedding material compacted to a minimum relative compaction of 90 percent (90%). The replacement of unsound materials to a depth as directed by the Inspector below bottom of pipe grade shall be considered part of the work. Blasting of rock shall require District Engineer approval. Foundations in Rock: Foundations in rock shah be constructed by removing rock a minimum depth of six inches (6”) below bottom of pipe grade and backfilling with sand compacted to a minimum relative compaction of 90 percent (90%). Correction of Faultv Grades: All excavations carried below pipe grade shall be backfilled to proper grade with sand compacted to a minimum relative compaction of 90 percent (90%). Backfill: All trenches and excavations shall be backfilled after pipe, fittings, valves . and appurtenances have been installed BeddinP in Pioe Zone: The pipe zone shall be considered to extend from the bottom of the excavation to twelve inches (12”) above the top of pipe. (See SSPWC 306- 12.1) Bedding material in the nine zone shall be sand. Sand shaIl be free from foreign materials such as dirt, rocks, sticks, vegetation, etc., and shall be so graded that not more than ten percent (10%) by weight shall pass a No. 200 sieve AS.Th4 DUO and SE-8 30 min. Select native material may be substituted’for sand when the native materials are of a uniform granular nature and free from stones, clods and other deleterious materials and meet the above specifications. Bedding in Dine zone shah be placed in layers simultaneously on each side of the pipe for the full width of the trench. Sand may be placed and compacted in layers -- /c r- Part II - Materials Section D 1wlm Rev. _I 1 I j r- : -- i r- -- 37 up to twelve inches (12”) in compacted thickness. In placing and compacting the backfill, particular attention is to be given to the underside of the pipe and fittings to provide a firm support along the full length of the pipe. Care shall be exercised in backfilling to avoid damage to the pipe coating. Backfill Above Pine Zone: From the top of the pipe zone to the ground surface or f5nish grade, the material for backfill shall conform to that specified for the pipe zone that it may contain stones up to six inches (6”) in diameter but shah be so graded that at least 40 percent ‘(40%) of the material passes a No. 4 sieve. The warser materials shall be well distributed throughout the finer material. Backfill material shah be placed in layers of a thickness which can be wmpacted throughout to the specified density with compaction equipment which will not damage the pipe and fittings. (gee SSPWC 3061.3) Comnaction: AU backfill shall be compacted throughout by tamping or water settling to a minimum relative compaction of 90 percent (90%) or to the density required by the agency in whose right-of-way the work is located, whichever is more restrictive. (See Page 61 for Compaction Testing) Tamnine Method: Backfill material shah be placed in uniform layers of the thickness specified in SSPWC 3061.3. The moisture content of the backEll material shah be near or at the optimum required for compaction and each layer shall be tamped until compacted to the required minimum relative compaction. Heavyduty compacting equipment having an overall weight in excess of 125 pounds shah not be used until backfill has been completed to a depth of two feet (2’) over the top of the pipe. Water Settlinn Method: This method may not be used when in the or&ion of the Inspector: 1. the backfill material is not sufficiently granular to consolidate properly by this method, 2. the adjacent soils are not sufficiently pervious to permit the water to drain away, or 3. adjacent soils or nearby structures may be damaged. In the pipe zone, the backfill material shall be placed in uniform layers of the thickness specified above. At the top of each layer, the trench shah be diked at suitable intervals depending upon the slope, and the trench between dikes shall be PWtII-hhterials SCUiOllD lWlB3 Rev. 1 38 filled with sufficient water to inundate the backfill materials. The backfill material shall then be agitated to promote its consolidation. Care shall be exercised to prevent floating the pipe. Following backfilling of the pipe zone, the trench shall be diked at suitable intervals depending upon slope, and the trench between dikes shall be filled and maintained with sufficient water so that backfill materials subsequently placed will be inundated during the following placement. The water level shah be controlled to prevent floating of the pipe. Backfill materials above the pipe zone shall be placed in the / water-filled trench in uniform layers not exceeding 18 inches (18”) in thickness. Earthwork and Benairs in Citv. Countv. and State Rinhts of Way shall conform to the requirements and provisions of the permits issued by those agencies in addition to the requirements of these Standard Specifications. If a permit is not required, earthwork and repairs shall conform to the standards of the agency in whose right of way the work is done. -- -- D-10 SAFETY PRECAUTIONS Observe safety preca$ions -in all phases of work. Included shall be trench shoring, bracing, lighting, .and barricades as directed by reason and by the Safety Orders of the Division of Industrial Safety, State of California (CAGOSHA) and the requirements as stated on the City approved Traftic Control Improvement Plan. Acquire an exemption letter or trenching permit from the California Division of Industrial Safety (CALOSHA) and comply with Labor Code Section 6705, Excavation Plans for Worker Protection. Submit a wpy of the exemption letter or trenching permit with excavation drawings to the District prior to excavation work -_ -- -- -- PIPE ALIGNMENT D-11 Pipe shall be laid in a true line and grade and shall be uniformly and continuously supported upon the bottom of pipe in the trench for the entire length of each section. All joints (i.e. bells, wllars, flanges, coupling) shall be excavated to remove load/weight at joint. (See Earthwork Section above for poor soil or rock trench and SSPWC 3Of&1.22) -- END OF SECTION D c- c- F PartII-hfatcfials SCUhD lW493 Rev. w 1 , - .A 1. l- I 1. 1. 1. 1. _ 1. 1. i #-. 39 SECTION E MATERIALS LIST El g-J E3 &a ES E6 E7 ES E9 PIPING shall be J-M, Pacific Western, Capco, Diamond, ETI or Vinyltech Pipe all wnforming to kW.W.A. Standards& Specifications as descnid. COUPLINGS shall be Victualic Type Style No. 41,44 or 77 as approved by District Fhgineer, flexible coupling shall be Dresser Style No. 38 (steel coupling for cast iron pipe), Smith-Blair Type No. 431 as required and approved by the District Engineer. GASKEIS shall be Crane Company’s Crantite, John Mansvihe 60 or Garlock No. 7021. FlTI‘INGS shall be Tyler Pipe and Foundry Company, Trinity Valley Iron and Steel Company. GATE VALVES shall be American Flow Control Series 500, M & H or American AVK. BUTlERFLY VALVES shall be American Darling,, Mueller or M & H.. PLUG VALVEiS shall be Rockwell Notitrom. Model/type shah require submittal/approval by District Engineer prior to installation. VALVE BOX AND LIDS shall be Brooks 4lT Series or J. & R 4T. For “normally closed” valve-Brooks Series 3 RT. For blowoff and manual air release assemblies - Alhambra Foundry No. 2961512” diameter x 24”, asphalt coated, with cast iron box lid All lids shall be marked “WATER”. CORPORATION STOPS (Ball Corps) shall be as follows: M.I.P. X FLARE FORD 1” FB700 FORD 2” FB700 JONES 1” J1929 JONES 2” J1929 MUELLER 1” B2505 MUELLER 2” B2505 M.I.P. X M.I.P. FORD 1” FB500 FORD 2” FB500 JONES 1” J1943 JONES 2” J1943 PartIIMatCAk Section E lw93 Rev. 1 -I 1 1 1 J J I 4. -1. I A. -- r_- -. -- -. 7. rC C. 40 E-10 ANGLE METER STOPS FLARE X METER NUT/METER FLANGE FORD 1” BA23-444W FORD 2” Fv23-777w JONES 1” J1964W JONES 2” J1973W 1” B-24255 El1 HANDLE BALL VALVES shall be supplied/installed by Water District (for information only - Jones’ s” J-1098,1’ J-1908, & 2” 51913 or Ford, ti” B13-332W, 1” B13-444W & 2” BF13-777W.) MJCWRBOXES El2 1” Service 2” Service Brooks No. 37 (2 piece lid) J. & R. No. W4Yz (2 piece lid) San Diego Precast Concrete No. 4% (2 piece lid) (In traffic area - cast iron lid) Brooks No. 66 (2 piece lid) J. & R. No. .W6B (2 piece lid) San Diego Precast Concrete No. P69 2 (2 piece lid) (In traffic area - 2 piece diamond steel lid with rigid reinforcement) SADDLES shall be: El3 D.I.P. & AC.P. pvc Ford 202B Jones J-979 (C-900 or 005) Ford 202BS Jones J%9 Romac 202B El4 DEFJXTOR TAPE shall be Thor Enterprises, Inc. (P.O. Box 450, Sun Prairie, Wisconsin 53590). Part II Materials SectionE 10/l/93 Rev. L -- -_ c- -- -. -. I I -‘I ! F C. -. F -. El5 TAPPING SLEEVES D.I.P. & A.C.P. Mueller MJ. Tyler M.J. E16 El7 F’IRE HYDRANTS shall be Jones 3700, Clow Series 2050 or Long Beach B-125. AIR VACUUM VALVES shall be 1” APCO 143C or Val Matic 201 and 2” APCC 145C or Val Matic 202. g-llJ El9 WS All meters shall be supplied and installed by the Water District. R. P. BACKFLOW PREVENTER VALVE shall be as approved by the California Department of Health Services except as noted by Carlsbad Municipal Water District. E20 PAINTING Prime Coat - Rust-Oleum No. 769 Damp Proof-Red Prime Coat - Rust-Oleum No. 865 Enamel - Dunes Tan VakBoxLids - Fire Hvdrants - E22 CONSTRUCI’ION WATER shall be metered - when available reclaimed water shall be used. Host crossings of any traffic area are not allowed without prior approval by the City and District. 41 PVC (c900-~9 Romac SST W/‘&S. Flange Ford ‘Fast’ W/s-S. Flange Frazee Aero Plate II, Bright Yellow, No. 6480462 (2 coats) Fraxee Aero Plate II, Bright Yellow, No. 6480462 (2 coats) END OF SECTION E Part II Matcriak SCCtiOllE lo/l/93 Rev. r- c- CMWD Sewer System Design Criteria Standards & Specifications 1 c- A. GENERALGUEELJNES POR SEWER GRAVITYLINESANDAPPUR’IENANCES c- Engineer will submit a rough layout of system for review and approval by the Carlsbad Municipal Water District Engineer prior to preparation of improvement plans. c- 1. Sewer Main Death and Size: a. Minimum depth, finish grade to top of,pipe . . . . . . . . . . . . . 6 feet e-- b. Maximum depth, finish grade to top of pipe . . . . . . . . . . . . 15 feet -- C. Design calculations shall be submitted to verify size and bedding design. (Manning “N” PVC = 0.011 is norm) d. Minimum size of mainline shah be 8’. e. “6” main line allowed on cul de sac with maximum of 10 units. -- -.. f. All sewer main pipe inverts shall be shown in profile on the improvement plans and shall include stations, slope and distance. c- & Al sewer mains over 15” shall require special design and District Engineer approval. 2 Sewer Lateral Deoth,and Size: a. -- 4” minimum for single family residence. 3. b. 6” minimum for all other use. C. Desirable depth - 5 feet (5’) at property line (top of pipe to Bnish grade top of curb). . Pioeline Materials Tides: c- a. Polyvinyl chloride pipe (PVC) see C-900 for depths over fifteen feet (15’). c- b. Joints shall be rubber compression (per green book). S/W93 Rev. c- r- c- -- c- r- c- -- -- c- -- v- -- -- c- -- -- ,- CMWD Sewer System Design Criteria Standards & Specifications . 4. Sewer Main Slone. Flow and Demand: a. Minimum velocity of 2 F.P.S. shall be maintained. b. C. d. Minimum slopes: 1. 8” min . . . . . . . c.x?!Z Desirable . . . . . . . 0.50% 2. 10” min . . . . . . . 0.28% Desirable . . . . . . . 0.40% 3. 12” min . . . . . . . 0.21% Desirable . . . . . . . 0.30% l(r’ and smaller . . . . . depth of peak flow . . . . . ?4 diameter 12” and above . . . . . . . depth of peak flow . . . . . s diameter Domestic Demands: 1) Residential area: 220 gallons per dwelling unit for average day = 1 E.D.U. 2) 3) Maximum flow based on ratio - peak to average flow of 2.5 unless othetise approved by District Engineer. Industrial and commercial demands require special design and approval by District Engineer. 5. Horizontal and Vertical Lavout: 1) 3) 3) 4) Street: All9: Private Street: Horizontal Curve: See City of Carlsbad Standard Drawing #GM for location. Main to centerline shall be minimum of three feet (3’) offset. Shall require special design and conditions. Desirable easement width 20 feet, minimum 15 feet. Radius shall be approved by District Engineer. S/W93 Rev. CMWD Sewer System Design Criteria Standards & Specifications 5) Vertical Curve: 6) Utility Clearance: -- -- c- -- 7) Access Holes: 3 No vertical curyes shall be permitted unless otherwise approved by District Engineer. Show all underground utilities in both plan and profile and provide minimum clearance per State Department of Health Services “Criteria for Separation of Water Mai&- azC ,“L..I&, Scnrices. Maximum spacing between access holes- 350 feet.. a) b) Cl d) e) f) g) All standard access holes shall be a minimum of five feet (5’) in diameter with no steps. Install access hole at all changes of slope which exceeds 2%, and show inlet and outlet inverts on all access holes Install access hole at all changes in horizontal direction Install access hole at all intersections of mains Install access hole at change in pipe siring Install access hole at end of main which is in excess of 200 feet from access hole. Access holes shall be sequentially numbered on the plans with access hole numbers beginning at lowest invert. Two foot stubs shall be provided for future tie-in and extension of main. S/11/93 Rev. c- c- CMWD Sewer System Design Criteria Standards & Specifications 4 8) Cleanout: Maximum spacing from access hole-200 feet. Extend beyond permanent pavement when street is a temporary dead end. 9) Laterals: c- -- v.. -- -- -- c- -- (See Standard Drawing No. S-6 for type of cap and box.) Minimum horizontal distance-5.00 feet from water services and fire hydrants. Desirable horizontal distance- 10.00 feet (See Standard Drawing No. S-7 for details.) a) b) Cl d) 6. Miscellaneous Not= Install at right angle or radial to main. Laterals shah not be located in driveway. No connection shall be permitted on lateral. Location of property cleanout: See Standard Drawing No. S-7. a. Carlsbad Municipal Water District will only maintain sewer mains located in dedicated City and/or District rights of way and easements which have all weather vehicular access. b. New sewer mains and systems shall remain plugged and/or disconnected until District authorizes its use. c. Prior to acceptance of m sewer line by District, all lines shall be flushed clean using “Wayne Ball” method and mandrel tested. b. Prior to acceptance, all mains shall be V.H.S. video taped and voice S/11/93 Rev. -- -- -- -- dWD Sewer System Design Criteria mdards & Specifications 5 description of lateral distances and any problems and a hard copy of same. A copy of the tape and written findings shall be delivered to Carlsbad Municipal Water District. e. Sewer laterals - From property line to building, the Uniform Building Code shall apply. 1) The vertical cleanout shall be stubbed and capped 3 feet (3’) above rough grade during grading and/or construction of project. 2) All taps on existing mains shall be by “shewer” or approved equal - All work to be done with City Inspector at site. 3) ,A three inch (3”) high “S’ shall be stamped on face of curb at all lateral locations. E Sewer Access Holes: 1) Top cone shall be 6” below finish &grade (covers are required to keep system clean.) 2) In unpaved areas, frame and cover shall be set 6” above finish grade. (Set above 100 year flood line.) Standard Sewer Imorovement Plan Notes: (to be placed on all sewer improvement plans) 1) All sewer main and appurtenances shall be constructed in accordance with the “Carlsbad Municipal Water District’s Sewer System - Design Criteria, Standard Drawings and Specifications”, latest edition’ and the Standard Specifications for Public Works Construction, latest edition (Green Book). 2) The contractor shall obtain an excavation permit f?om the Division of Industrial Safety before any excavation and shall adhere to all provisions of the State Construction Safety Orders. ,- 3) Before any connection to the District’s existing system’ a permit shall be obtained from the District. It must be signed and approved by the District’s Engineer and Superintendent. 5/11/93 Rev. i.: -._ _ ,: : *__ ^. a-. c-. -. . . ;.++-: ,-- ., ~~~~I~;~ ,-I .r Ls..; w&y :G )R : .,~$tL~.. : - . ,,.;. --. ~ :. ;& It&%. -I .Vb *.c .. cI m-.- CMWD Sewer System Design Criteria Standards & Specifications 6 4) Before construction begins in any public right of way, a City right of way permit shall be required. 5) The contractor shall notify the City of Carlsbad Engineering Inspection 48 hours prior to beginning construction (telephone: [619) 438-3891.) B. GENERAL Glmr;lT,-> FOR SEWER FORCE MAMS 1. Engineer shall submit a rough layout plan including surge protection design and flow analysis for review and approval by District Engineer prior to the preparation of improvement plans. 2 Minimum cover shall be 48” from top of pipe to ultimate finish grade. Top of pipe profile shah be shown on the improvement plans. 3. Show all minimum,clearance of other underground utilities in both plan and profile shall be per State Department of Health Services “Criteria for the Separation of Water Mains and Sanitary Sewers. 4. Material shall be polyvinyl chloride pipe that meets A.W.W.A. Std. C-900, or asapproved by the District Engineer. . c GENERAL GUIDELINE FOR PIMP STATION 1. Design Engineer shah meet with District Engineer p& to preparation of plans. 2 Pump station design shall be approved by District Engineer. VI1193 Rev. -- c- r- -- c- c- -- -- &XL VALVE ~o6TRm NOTES: SIDEWALK I cmBwxT-rER ~.D~SRKX~~LL~RMETR?AI~DBL~~VALVE. 3 N..u..uTi&n&~&~~O 4. -rw&clg~gyA~ of Is’ FROM 5. lWWlON ANOOE MIDWAY EWEEN PIPELINE’AND MEER 8QX. I CARLSBAD MUNICIPAL WATER DISTRICT - _~ I SmDwGNO. 7 ‘tt&: -I” WATER- $iRVlCE CONNECTION FOR 5/8 , 34 81 I’ METERS w3 wGlJ!Yr 1993 I. SEE SPEIflCATlONS FOR 4 AU VALVES AND FllTlNGS SDLDERING REOUIREMENTS. SHALL BE SAME SIZE AS 2. SEE spEcwimoNs FOR AIR VENT INLET. PAINTING REQUIREMENTS. 5. ‘POSITION ANODE MIDWAY 3. g ltwT&+Jg;g Fuw BETWEEN PIPELINE AND VALVE 80X. . - AppA =: BELOW SJWiiE I82’AIR-VXWM STDMG.NQ ; VALVE ASSElvIBLY 81 APWRTENANCE w7 AUGUST 1993 P-- 7. -. -. -. -- c- _- 0.1. MAIN STEEL MAIN fQR WATER SERVICE CONNECTION (r/p.) CARLSBAD MUNICIPAL WATER DISTRI(TT - .m wE: OUTLO’SON D.l.OR STEELMAIN FOR I INCH lHRU 2 INCH ASSEfvBLlES =?$j. No. AUGUST I993 F- l c- c- c- Y.. -- -- -- c- c- -- c-- F- -- -- c- -- NOTES I. FIRE HYDRANT 8ASE - 6EA. 1x6’ DA HOLES. 2. BOLTS 8 NUTS - 3’423’ HEX HEA& 3. INSTAU, BOLTS WITH NUTS ON TOPOF FLANGE. 4. SEE SPECIFNNION K# F#INllNG REQUIREMENTS. (BEGIN IXINT AT SCORE IN BREAK-OFF SPOOL 1. 5. SEE SECIFICATK3u FOR BURIED RANGE REQUIREMENTS. 6. SEE IMPRDVEMENT PLANS FOR RAE HYORcvvT IDCATIONS. CARSBAD MUNICIPAL WATER DISTRICT Evlsm AmmE FIRE HYDRANT Sra DWG. NO. ASSEMBLY WI2 DECEMBER 1988 -- c- .-- -- -- -- TYPICAL TRENCH SECTION VW PII’E WITH DIMENSIONS AND ROCK To SPRINGLINE COMPACTION- ZONES. 4’MN.TO 8’MAX. 8EWXlH PRY 1 OR 1’MIN 8ENEAlh 8ELl, WHICHEVER 6 GREATER. NUES: I. PERCUVTAGES SI-WN EQUAl MINIMUM REUXTlVE CUWXTION. 2. MINIMUM OEpTH 0F CovER FRoM Toe W PIPE TO FINISH GRADE FOR ALL SANITARY SEWER INST’TlONS SHALL BE 3 FEO. FOR COVER LESS WN~;w!51=&CYDQL DESIGN AND APPROWl . WC PIPE ROtK ENVEUPE -- -- c- -- -- -- -- -- f- CLEAN - OUTS IN YARD 70 8E OCNERED WllM IO’ FlASTlC COVER BY CARSON R4RT NQ 910 O.AE , CLEAN-OUTS IN CONCRETE TO HAVE CONCRETE BOX WITH TRAFFIC UD BY J&R OR BROOKS R4RT NO. 3-R-T. SEWER CLEAN-CUT RISERS TOBE FITTED WITH MAlE SCREW IN PLLG NOTES : I.THElAlEffALSHdU~~l’H~ 5. AS- BUILT SEWER LATERAL IXATK)NS ; SAME AS THE MLYN LINE SEWER. SHALL BE FURNISHED TO THE CITY 2. IN NO CASE SHALL A LATERAL WECT INSPECTOR ON FORMS PROVIDED T$T&IM#RMAlNMRECTLYONlDf PRIOR TO FINAL APPROVAL OF WORK. . 6. AU LATERAL TRENCHES To PR#ERTy 3.5SJ&?I/w SW.L HAVE A 2% EE&gE=;Ag TRENCXS TO . . 4. yuJ&MS&Nru~~E APPROVED SOLVENT WELD. 7. CLEAN- OUT TO BE ADJUSTED To GRADE AFTER FINAL FINISH GRADING. -- 4 : ,:, :,. ,., I’,.:.::;~ ‘:‘i’y$ i’i’ A’~~~~““~~~~~~E~~~,~~ ..;$ .:.:.j: :::::.:: .) : .+:.:.: :::: ::::::.. ::;z ::; ::; ,/j .:.:,:.:.:.:.:.:.:.:,~.~. ~:.:.:.:::~::::::::.::~ ‘: :: . . 1 .A.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,... . . . . y ,:’ ., ,: ,.,. ::::: .,.,.: .,.,. :.:.j,.: .,.,.,...,...... :;:: .,..... :.: ..,.. I:;:: ,?, .ji# y;:,i i:jiiiiiii::::::::::::::::::::.:::::::::::::::~~:::~:~:~ :y::+:: e.: -~~S.i.iiEil~~~~~:~~~N~~~:N~~~~::~lii:iiii:iiiii:iii:i:ii::iii: . . . . . . . . . . . . . . .,.. ..:::::,::::: ,.,.,.,.,.,: ,.,.,.,. ::;:I... . . . . . . ..: ,:, :.:., ::::::::, ::::::::::, :., ,:::: :., ,.:::., ..: ..:.:.:,:.:.:.:.:.:.:.~,~,:.:.:.:.:.. .A.. .A..... :: ::.:::: ,: i . ::::.,.:.:.: .,.,.,.,.,.,./,.,.,.,.,. . . . . . . . . . ::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...:.:.:.:.:.:.:.:...:.:.:.:.:...:...:.:.:...:.:.:.:.:.:.:.:.:.:....... ..::::::::$j ::.ii.i:.::.:.i:i’::j::::j::::i:i:i:i:l:: DATE (MMIDDfW) jj::j 1 2 , 1 0 , 1 g g g j,::::::::::::::::::::::::::::::::::::::::::::::: ::.::::,:::::::::::;::,j:i:j::::::::::::::::::::::::: i:iji: PRoDUCER (818)623-6850 FAX (818)623-6851 THmAlt 1s flN T ONLY AND CONFERS iJ0 RIGHTS UPON THE CERTIFICATE he Liberty Co. Ins. Services ,180 Laurel Canyon Blvd. uite #301 1 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE lorth Hollywood, CA 91606 Mn: Ext: ij’sij’ii~e”. .., ._ ._ Gypsy Queen Inc. PO Box 2910 National City, CA 91951 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:~~.~~~~~~~~~~~~~~~~~~~,~~ z;d’;$x; . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..i.... . . . . . . ,.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ..,, . . . . . . . . . . . . . . . . . . :.:.: :,: -::.j.....j. :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:...: :. .: :. .q:; ::.:y::.:;:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF :.. j. & . ..A.. ..i.... . ..A.. . . . BI ‘A COMPANY RLI A . . . COMPANY General Securities B COMPANY Fireman’s Fund C COMPANY D EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co .TR TYPE OF INSURANCE POLICY NUMBER ; POLICY EFFECTIVE POLICY EXPIRATION : j DATE (MMIDWYY) DATE (MMIDDIW) ; LIMITS GENERAL LIABILITY i. COMMERCIAL GENERAL LIABILITY i ; GENERAL AGGREGATE S ..L~p~,.~oQ : PRODUCTS - COMPlOP AGG .5 1 000 000 i _.............,....................,..,.,....................... ! . . . . . . . ...! . ..i. I. i. . . . . . i I. i . . . . . . . . . . i . . . ::.:.:.:.:.:.:, A ..:.:.:.:.:.>, CLAlMS MADE ; X i OCCUR ; MGL0126497 OWNER’S 8 CONTRACTOR’S PROT I ; 10/01/1999 j PERSONAL & ADV INJURY 10/01/2000 : S 1,00#,000 j EACH OCC~JRRENCE s 1 000 000 :.. ,.. ,., ,.. . . . . . . ...’ . . . . . . . . ...! i FIRE DAMAGE (Any one fire) $ SO~.O!O i MED EXP (Any one person) $ 5.000 AUTOMOBILE LIABILITY X ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS B . . . . . . . . HIRED AUTOS NON-OWNED AUTOS BIND1245 12/03/1999 12/03/2000 j COMBINED SINGLE LIMIT S 1,000,000 ,. : BODILY INJURY j (Per person) $ BODILY INJURY ; (Per accident) s :. : PROPERTY DAMAGE s GARAGE LIABILITY : AUTO ONLY - EA ACCIDENT $ ANY AUTO ; bTH& iH& AUTo ONLY: .. ~~~~~~~ . . . . . . .,.,., :, _. .:::: ;:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.~~:......’.’. EACH ACCIDENT S :’ ... ... AGGREGATE S EXCESS LIABILITY i EACHOCCURRENCE s UMBRELLA FORM I AGGREGATE 0 :. OTHER THAN UMBRELLA FORM ; $ WORKERS COMPENSATlON AND ; VVL blAl” : TORY LIMITi : ; “g iliilii~~~~~~ j ,.....:.. .., ,.. ,:, . . . . . . . . . . . ..:-:.i.::...:.:.:.:.::.:.: . . . . . . . . ..I ., ,. ,., . . . . . . . EMPLOYERS’ LIABILITY . . . : ( ,:.:.: : EL EACH ACCIDENT S THE PROPRIETOR/ PARTNERS/EXECUTIVE :.. ..j : INCL i : EL DISEASE - POLICY LIMIT i : : EXCL; :. OFFICERS ARE: i EL DISEASE - EA EMPLOYEE $ OTHER Rented, Leased $50,000 ; 11/20/1999 11/20/2000 ; Deductible $500 DESCRlPTlON OF OPERATlONSlLOCATiONS/V~HlCLES/SPECIAL ITEMS ertificate holder is named additional insured as respects to general liability arising out of insured’ perations. *lo day notice of cancel in event of nonpayment C A - ity of Carlsbad ttenti on: city Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 SHOULD ANY OF THE ABOVE DESCRlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAlL x DAYS WRIITEN NOTlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUCH NOTICE SHALL IMPOSE NO OBLIG N OR LIABILITY .., .., ,.. . . ,... ,.....,.....,.....,.....,.................................................,...................................,.....,.,...,., . . . ,..., ,.... ,.,.,.,.....,.,...,.....,.....................................................................,.................. ‘RoD”CER (818)623-6850 FAX (818)623-6851 N he Liberty Co. Ins. Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 180 Laurel Canyon Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , uite #301 COMPANIES AFFORDING COVERAGE orth Hollywood, CA 91606 COMPANY RLI Insurance Company RD’K Diana Bianchi Ext: 334 A ~~~sij’iiifg”. CoMPANV ._. ._.__._.. .. .............................. ...... ... ._. ._. .._......._.. ._. ... ................... ................. ........ .... Gypsy Queen Inc. B PO Box 2910 National City, CA 91951 COMPANY C ~ ,:,:,:,:,:,:,:,:,:,:,:,.;;:.:.:.:........:.:...:.::: “““““““““.‘....‘...... :::: ::: ::::::: :.:.:.:.;:.:.:.:::.:.:::.:::::.::~.~:::~.~:~:~:~.~:~:~:~:~:~:~:~.~:~: :.:. :: :.y.: :~,~.:.;.~.:.:.:.:.:.:.:.:.~~.:,~ :.:.:.):.:.~:.:,:,:.:.:.:::.~.:.~.~.: .:.:.: :::::::::::::::::::::::::::::::::::::::::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~.~.~:~.~,~,:.:,:.~,:,:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.~:.~~,:.:,~~,:.~.~,~.~.~.~.~.:,~.~:~: :.:.: ::.::::::::::::~:j::~:~:~:~.~:~:~:~~~:::::::~.~.~.~,:.~,:.~:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:.:.:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWlTHSTANDlNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :0 I-R TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY : . . . . . . . . . . . ..(. ‘. ;:;:;:;:;:2;:; :“““‘. . . . . . . . . . . . . . . . A :::::::::::::::. .. .. CLAIMS MADE ;. X ; OCCUR : hGL0122610 X OWNER’S 8 CONTRA&Ok PROT j . . . . ...’ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM i WORKERS COYPENSAllON ANO EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE : INCL : OFFICERS ARE: j... EXCL ; OTHER )ESCRlPTlON OF OPERATlONS/LOCAilONS~HlCLES/SPEClAL ITEMS Ii e i. :. i :. i i 1 i :. I I ERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY ARISING OUT OF INSUREDS PERATIONS. *lO DAY NOTICE OF CANCEL IN EVENT OF NONPYAMENT. POLICY EFFECTIVE POLICY EXPlRAllON DATE (MMlDD/YY) DATE (MMIDDffY) 10/01/1998 10/01/1999 - LIMITS GENERAL AGGREGATE :S . ..?.?.000??0!0 PRODUCTS - COMPIOP AGG $ 1 000 000 .._.._..__.............................................. ! . . . . . . . ...! PERSONAL 8 ADV INJURY $ ..?.*.!?.(!!.?.ooo EACH OCCURRENCE s 1 000 000 .‘. .?. FIRE DAMAGE (Any me fire) $ 50.000 MED EXP (Any one person) 5 5.000 COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) .s BODILY INJURY (Per accident) s PROPERTY DAMAGE 5 AUTO ONLY - EAACCIDENT 5 OTHER THAN AuTO ONLY: ~~~~~ .:::::::j:::::::::::::::::::::::::::::::j:i::::::::: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE s AGGREGATE s .,,,,..,...,,,,.,,,,,,..,,,,,,.,...,,.,........................................ s ““C.51AI” : TORY LIMITi i yR”- jyrllx~crcrcinjiiajiijiiiiiiii~ ,., : ,:, :.::j::~:ji:~:~i:~:~1:~~:~:~~:~:~::::::::::~:::::::::::::::::: EL EACH ACCIDENT 0 EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRATlON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF CARLSBAD ATTN : CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008-1989 30 DAYS WRITEN NOTlCE TO THE CERTlFlCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Q AMliRICAN CAPACITY INSURAJCE COMPANY q ii1 INSURANCE COMPANY q ’ MT. HAWLEY INSURANCE COMPANY END. NO. POLICY NUMBER INSURED END. EFFECTIVE DATE 8 MGLOl22610 GYPSY GlEEN, INC. 3/3o/gg (12:Ol AM.) 0 ADDITIONAL PREMIUM r~ RETURN PREMIUM pt~ NIL : TOTAL $ IT IS UNDERSTOOD AND AGREED THAT: f-J 1. PREMIUM 0 2. DEPOSIT PREMIUM 0 3. MINIMUM PREMIUM [19 7. COVERAGE /-J 13. COVERAGE IS CANCELLED 0 SHORTRATE 0 8. INCEPTION DATE 0 PRORATE 0 MINIMUM PREMIUM APPLIES 0 9. EXPIRATION DATE 0 4. RATE 0 10. TERMS 0 14. ADDITIONAL INSURED BUT 0 5. INSTALLMENT q 11. NAME OF ASSURED ONLY AS RESPECTS THE OPERATIONS OF THE NAMED 0 6. AUDIT q 12. ADDRESS OF ASSURED INSURED q IS CHARGED FOR THE PERIOD: a IS AMENDED TO READ AS FOLLOWS: FORM NO. MIL-001 (7/90), REINSURANCE ASSUMPTION ENDORSEMENT (PROPERTY 0~ LIABILITY INSURANCE), AS ATTACHED, IS MADE A PART OF THE POLICY. ALL OTHER TERMS AND CONDITIONS REMAIN UNC DATE OF ISSUE: 5/6/99 MM . alms By! (Authormd Agent] AMR 126 (11-86) RLI Chicago Branch Off ice . * I . L Reinsuran- ! Assumption Endorse,:ent Proderty or Liability Insurance Attached to and Forming Part of: Mt. Hawley Ins. Co. Name and Address of Insured: Policy No: MGL0122610 Date: 5106199 Gypsy Queen, Inc. P.O. Box 2910 National City, CA 91951 Endorsement Effective Date: 3/30/99 This endorsement applies only to the sidewalk improvement project on Chestnut Avenue & Valley Street., Carlsbad, California. Project #3391-4. This Endorsement is issued by RLI Insurance Company, (hereinafter referred to as the “Reinsurer”) at the request of Mt. Hawley Insurance Company (hereinafter referred to as the “Company”). For value received, the Reinsurer and Company hereby agree that: 1. In the event the Company is declared insolvent by a court of competent jurisdiction, and as a result of such insolvency, is unable to pay any of its liabilities under the policy within the time therein agreed upon, the Reinsurer will immediately become liable under said policy. 2. This Endorsement takes precedence over any other reinsurance agreements, contracts. guarantees, arrangements or undertakings between the Company and the Reinsurer. The obligations of the Reinsurer under this Endorsement, however, shall be reduced because of any sum it has paid pursuant to the terms of this Endorsement for any sums which may be due the Company, its successors, assigns, conservator, receiver or liquidator, by reason of any such reinsurance agreement, contract to guarantee, or undertaking. 3. This Endorsement may be cancelled at any time by the Reinsurer, or by the Company on behalf of the Reinsurer upon giving not less than 60 days written notice to the named insured. It is expressly provided, however, that cancellation of this Endorsement shall not affect the obligation of the Reinsurer to any insured for losses which have occurred or in the case of claims-made policies, been reported to the Company prior to the effective date of cance!lation. 4. Any notice of cancellation given hereunder shall be sent by certified mail to the named insured at the address stated in the declaration of the policy to which this Endorsement is attached. 5. Cancellation or expiration of the policy shall automatically and simultaneously cancel this Endorsement. 6. This Endorsement shall apply only to the liability and obligations which are provided under the policy, and in no case shall the liability of the Reinsurer exceed the Company’s liability as set forth in the declarations of the policy. IN WITNESS WHEREOF, the Company and Reinsurer have executed this Endorsement of RLI Insurance Company PEORIA, ILLINOIS President Secretary MIL-001 (7190) ACORD CERTJFJCP TE OF LIABILITY IN’SI ‘3ANCE DATE (WIDD/Wl m PRoDUcER (8181623-6850 FAX (818)623-6851 03/30/1999 THIS CERTIFICATE IS ISSUED AS A MATTER OF fNFORMATION The Liberty Co. Ins. Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6180 Laurel Canyon Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1301 North Hollywood, CA 91606 Am: Diana Sianchi 1NsuREo Gypsy Queen Inc. PO Box 2910 National City, CA 91951 COMPANIES AFFORDING COVERAGE COMPANY RLI Insurance Company Ext: 334 A COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK)0 INMCATED, NOTWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITlCNS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I L% TYPE OF INSURANCE POLICY NUMBER aErJERAL LlA6lLlTY X COMMERCIAL GENERAL LIABILITY CLAIMSMADE x OccuR A MCL0122610 X OWNER’S 6 CONTRACTORB PROT AUTOMO6lLE UABlLil’Y ANY AUTO ALL OWNED AUTOE SCHEDULED AUTOS HIRED AUTOS NoN-OWNEDAUTOS POLICY EFFECTIVE POLICY EJWRATION DATE (YLuDD/w) DATE (MIMDIW) UHITB GENERAL AGQREQATE s 2,000,000 PRODUCTS - COMPIOP AGG S 1,ooo.ooo PERSONAL & ADY INJURY S 10/01/1998 10/01/1999 l,OQO,OOQ EACH OCCURRWCE 0 1,000,000 FIRE DAMAGE (Any one flrd S 50,000 MED EXP (Any MO person) 0 5,000 COMBNED SINGLE LIMIT S BODILY INJURY (Per pemnf 6 iie%2kYy S PROPERTY DAMAGE s GARAGE UABIUTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN ALIT0 ONLY: EACH ACCIDENT S AGGREGATE S EKCESS UABILITY WBRELIA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENBATION AND EMPLOYERS’ LIABNJTY EACH OCCURR!ZNCE s AGGREGATE s S WC BTATU- TORY LIMITS OE’# ELEAcHAcclDEHl S THE PRoPRlETow PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL EL DIBEABE - POLICY LlMlT S EL DISEASE - EA EMPLOYEE S DEBCRlPTlON OF OPERATK)N8nOCATIONSE~~~PECIAL ITEMS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY ARISING OUT OF INSUREDS OPERATIONS. ‘10 DAY NOTICE OF CANCEL IN EVENT OF NONPYAMENT. *RE: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVENUE 6 VALLEY STREET R3391-4 CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD ATTN : CITY CLERK 1200 CARLSEAO VILLAGE DRIVE CARLSBAD, CA 92008-1989 ACORD 25-S (l/95) SHOULD ANY OF THE ABOVE DEI)CRIBED POUClEB BE CANCELLED BEFORE TNE EXPIRATlON DATE THEREOF. THE ISSUING COMPANY WIUENOEAVOR TO MAIL DAYS WRlTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 10 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP0 LIQATION OR LIABILITY ON THE COMPANY ITS AQ ORATION 1999 PRODUCER The Liberty Company Ins. Svcs. 6180 Laurel Canyon Blvd. #301 N. Hollywood, CA 91606 818-623-6850 FAX 8 18-623-685 1 INSURED Gypsy Queen inc. P.O. Box 2910 National City CA 9195 1 .I../.. . . . . . . . . T 1 m . . i... .:. .: ; jiij .A.. .A.. . . L... .:: . . .., ‘..,‘,‘. ,’ : : I : . . ‘y:‘:.: j:::::::::::::: :.~,:.:.:.:.:.:.:.:.:,~.~.~.~.: THIS CERTIFICATE IS ISSUED AS A MA’1 _ I.4 OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY LETTER A Mt.Hawley Ins. Co./RLI Ins. Co. COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E ‘HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS !ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJRCT TO ALL THE TERMS. :XCLUSIONS AND CONDITIONS OF SUCH POLl :0 TYPE OF INSURANCE TR 4 GENERAL LIABILITY COMM. GENERAL LIABILITY . ..i......... . . . . . . . . . ..I . . . . . . . . . . . . . . :.:.:.:.:.:.:.: CLAIMS MADE QOCC. )( OWNER’S & CONTRACT’S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY OTHER ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFF. POLICY EXP. DATE (MMIDD~ DATE (MM/DD/YY) ‘“;“‘“’ LIMITS MGLOI 22610 1 O/O1 I98 FIRE DAMAGEShe Fire) 50000 MED. EXP. (One Per) I 5000 I COMBINED SINGLE LIMIT I PROPERTY DAMAGE EACHOCCURRENCE AGGREGATE EACH ACCIDENT ! DESCRIF’TION OF OPERATIONS/LGC!ATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED AS RESPECTS TO GENERAL LIABILITY ARISING OUT OF INSUREDS OPERATIONS l IO DAY NOTICE OF CANCEL IN EVENT OF NONPAYMENT. *RE: SIDEWALK IMPROVEMENT PROJECT ON CHESTNUT AVE & VALLEY ST #3391-4 iij:j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE . . ..i El EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO _.. . . 2 MAIL - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF CARLSBAD :.:.:. . . ..i 5; LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR . . . . . . . . . . . . ATTN: CITY CLERK 1200 CARLSBAD VILLAGE DR i.... . ..I. CARLSBAD, CA 92008-l 989 jiiiji AUTHORIZED REPRESENTATIVE ::):. . . . . . . i./ ,..... i.... . . . . .