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H B Covey Inc; 2000-10-12; 3523-5
Recording requested by: CITY OF CARLSBAD When recorded mail to: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Notice is hereby given that: ) ) ) II v . ) ) ) ) ) ) ) DOC# 2001-0406595 JUN 1B~ 2001 9:57 3504 IJFICIAL RECORDS ~ DIEGO C(OOY RECIJIDER'S OFFICE GREGCRV J. SMITH, COIJffV FfCORDER FEES: 0.00 IIIIII I II IIIII IIII I 2001-0406595 Space above this line for Recorder's Use NOTICE OF COMPLETION AM 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 3/12/2001. 6. The name of the contractor, if any, for such work of improvement is H.B. Covey, 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 Northeast, Southeast and Southwest Quadrants Pedestrian Ramp Improvements, Project No. 3523-5. 8. The address of said property is within the limits of the City of Carlsbad. CITY OF CARLSBAD LLOYD B. HUBBS, P.E. Public Works 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 June 5 , 2001, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on _Ju_n_e_7 ____ , 2001, at Carlsbad, California. (~ :rr>' ()F o/RLsBAD ( -·---J. ~/ , "·-··/ .· . £,.,l l1..1../ '-T /7 // j / fv -·- 6 REcEIYe6 Y CITY OF CARLSBAD MAR 2 3 2001 CONTRACT CHANGE ORDER TRANSMITTAL -<Bf©l~RING DEPARTMENT Project: #35235, NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS Date Routed: ?Hr ¥1?-f Reason for change: Public Works Director/City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Items 1: A contract time extension is warranted for delays incurred because of asphalt plant shut downs and additional work performed. COST ACCOUNTING: Original contract amount .............................................................. . $ 222, 193.00/ Total amount this c/0 .................................................................... . $ 0.00 Total amount of previous c/o's ...................................................... . $ 8,300.00 Total c/o's to date ........................................................................ . $ 8,300.00 New Contract Amount .................................................................. . $ 230,493.00 Total c/o's as% of original contract.. ............................................. . 3.7% Contingency monies encumbered ................................................. . $ 33,330.00 / Contingency increase or decrease ................................................ . $ 0.00 Contingency Subtotal ................................................................... . $ 33,330.00 Total c/o's to date ......................................................................... . $ 8,300.00 Contingency Balance .................................................................. .. $ 25,030.00 CITY OF CARLSBAD PROJECT: #35235, NE, SE & SW PEDESTRIAN RAMP IMPROVEMENTS CONTRACT CHANGE ORDER NO. 2 / / CONTRACT NO. 35235 P.O. NO. P108982 ACCOUNT NO. 31070009060/35231900 CONTRACTOR: ADDRESS: H.B. COVEY, INC. 350 E. COMMERCIAL ST. POMONA, CA 91767-5506 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2.2.3, Agreed Prices, SSPWC, 1997, perform the following: Item 1: Extend contract by fifteen (15) working days for delays caused by asphalt plant shut downs and additional work performed. The addition of working days will not increase the contract cost. Increase to contract cost ......................................................... $ 0.00 #35235, NE, SE & SW PEDESTRIAN RAMP IMPROVEMENTS Change Order No. 2 TOTAL INCREASE TO CONTRACT COST ..................................... $ Page 2 0.00 TIME FOR COMPLETON OF ALL WORK UNDER THIS CONTRACT SHALL BE EXTENDED BY FIFTEEN (15) WORKING DAYS. RECOMMENDED BY: CONSTRUCTION MANAGER (Ai) ~~ ~ 3/.10/oi NANCE DIRECTOR (DATE) t/-,1 e.J DISTRUBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: CONTRACTOR (DATE) ~ CITY OF CARLSBAD RECEIVED MAR 23 2001 ENGINElzRING DEPARTMENT CONTRACT CHANGE ORDER TRANSMITTAL -C/O #1 Project: #35235, NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS Date Routed: Reason for change: To: Public Works Director/City Engineer Engineering Inspection Finance Director City Manager/Mayor Engineering Inspection Items 1-4: . A change in the type of pedestrian ramps installed at many locations was necessary to lessen the impacts to existing landscaping. COST ACCOUNTING: Original contract amount.. ............................................................ . $ 222, 193.oo✓ Total amount this c/0 ................................................................... ;. $ 8,300.00 Total amount of previous c/o's ...................................................... . $ 0.00 Total c/o's to date ...................................................................... .. $ 8,300.00 New Contract Amount .................................................................. . $ 230,493.00 Total c/o's as % of original contract.. ............................................ .. 3.7% Contingency monies encumbered ................................................. . $ 33,330.00 ./ Contingency increase or decrease ................................................ . $ 0.00 Contingency Subtotal ................................................................... . $ 33,330.00 Total c/o's to date ....................................................................... .. $ 8,300.00 Contingency Balance ................................................................... . $ 25,030.00 I -I CITY OF CARLSBAD PROJECT: #35235, NE, SE & SW PEDESTRIAN RAMP IMPROVEMENTS CONTRACT CHANGE ORDER NO. 1 CONTRACT NO. 35235 P.O. NO. P108982 ACCOUNT NO. 31070009060/35231900 CONTRACTOR: H.B. COVEY, INC. ADDRESS: 350 E. COMMERCIAL ST. POMONA, CA 91767-5506 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2.2.1, Contract Unit Prices, SSPWC, 1997, perform the following: Item 1: Item 2: Item 3: Delete two (2) type A pedestrian ramps from Bid Item #1; 2 ea. @ $1,150.00 ea. = ($2,300.00). Decrease to contract cost ....................................................... $ (2,300.00) Delete ninety-one (91) type C pedestrian ramps from Bid Item #3; 91 ea. @ $1,050.00 ea. = ($95,550.00). Decrease to contract cost ....................................................... $ (95,550.00) Add eighty-nine (89) type A-1 pedestrian ramps to Bid Item #4; 89 ea. @ $1,150.00 ea.= $102,350.00. Increase to contract cost ........................................................ $ 102,350.00 #35235, NE, SE & SW PEDESTRIAN RAMP IMPROVEMENTS Change Order No. 1 Page 2 Item 4: Add four (4) type D pedestrian ramps to Bid Item #5; 4 ea . @ $950.00 ea. = $3,800.00. Increase to contract cost ......................................................... $ 3,800.00 TOTAL INCREASE TO CONTRACT COST ..................................... $ 8,300.00 TIME FOR COMPLETON OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE. RECOMMENDED BY: CONSTRUCTION MANAGER PUBLIC WbRKS M N ( 'Joo/ DATE) A1E) &~ ~ 3/2o/o I FINANCE DIRECTOR (DATE) ~'~l~ DISTRUBUTION: INSPECTION FILE (ORIGINAL) PURCHASING CONTRACTOR APPROVED BY: ~~ C0TRACTOR (DATE) CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS Junel,2000 ft ~, 5/10/00 Contract No. 3523-5 Page 1 of 7 4 Pages r- r TABLE OF CONTENTS Notice Inviting Bids . . .. ... . . ... .. . ..... .. ... . ...... ......... .. . .. .. . . ....... ... .. . .. ... . .. .... ...... ..... ..... ........... ... . ..... .. ... ... 5 Contractor's Proposal . ..... ..... .. ... . .. ... ...... ....... ...... ... .. . ........ .... ....... .. ... ...... .. ... .. ..... ....... .. . . .. . ..... .... .. . 9 Bid Security Form .. . . .. . . . ... ... .. ...... .. ... . ... .. . ...... ...... ....... ... .. . ... ... .. ... . ... ... .. . .. ...... ... .. .. . .. . . .. . .. .. . ..... .. .. . .. 15 Bidder's Bond To Accompany Proposal....................................................................................... 16 Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's Bid Items" and "Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work" Forms......................................................................................................................... 17 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ........ .. .. . .. ..... ..... ... .. .. 19 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............ 20 Bidder's Statement Of Financial Responsibility............................................................................ 21 Bidder's Statement Of Technical Ability And Experience............................................................. 22 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation.......................................................................................... 23 Bidder's Statement Of Re Debarment.......................................................................................... 24 Bidder's Disclosure Of Discipline Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ... .. . .. .. . . . ...... 25 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid.............................. 27 Contract Public Works .. .. ... . . .. . . ... . . ...... ... .. . .. .. . . .. .. . . .. . .. . .. .. . . . . .. .. ... ... . ... .. ..... ... .. . .. ... .. ... .. . .. ... .. .. . .. .. .. . . 28 Labor And Materials Bond ............................................................................................................ 34 Faithful Performance/Warranty Bond ............................... ............................................................ 36 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... 38 I\ ,.., 5/10/00 Contract No. 3523-5 Page 2 of 7 4 Pages SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms.................................................................................................................... 41 1-2 Definitions ... . ... .. ....... ..... ...... .... .. . ..... ....... ...... ...... ...... .. ... ........... ...... ...... ... ... .. .... . .... 41 1-3 Abbreviations ..... ...... ..... ...... .. ... . ...... .. .. .. .. .. .. . .. .... .. . .. . .. . .. ...... .. . . . . . ... .. ... ... . . .. . . . .. . . . . .. . 42 Section 2 Scope And Control Of The Work 2-3 Subcontracts ...... .. ... .... .. . ..... .... .. . .. . .. ... .. . . . . ... . .. .... ... .. . ... .. . ..... .. ... .. ... ... .. .. . . . .. . . . .... .. . .. 43 2-4 Contract Bonds ..................................................................................................... 43 2-5 Plans And Specifications ... . . ........ .. .. ....... .. ... . ... .. . ... .. . . ... . .. . .. . . ... . ..... ..... .... . . . .. ... . . .... 44 2-9 Surveying . ... .. . . ... . ... .. .. .... . ... . . . ... . . . ..... . .. ... . ...... ............ ... . . .. . .. . . ... . ..... ...... ... . . ... .... . ... . 46 2-10 Authority Of Board And Engineer . .... .. ... . .. . . . .. ..... .. .... .. . . .. . .. . . . . . . . .. . .. . .... . . ... . . .... . . .. ... 4 7 Section 3 Changes In Work 3-2 Changes Initiated by the Agency.......................................................................... 47 3-3 Extra Work............................................................................................................ 47 3-4 Changed Conditions ............................................................................................. 48 3-5 Disputed Work ...................................................................................................... 49 Section 4 Control Of Materials 4-1 Materials And Workmanship................................................................................. 52 4-2 Materials Transportation, Handling and Storage.................................................. 52 I .,.-. Section 5 Utilities 5-1 Location................................................................................................................. 53 5-4 Relocation .. ... . . . .. . .. . ... .. .... .. . . .. .. . . .. .. .... .. . .. . .. . . . ...... .. . . ... .. . .. . .. .. ... . . ... . . .. . .. ... . . ... . . . . . .. . .. . 53 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work........................................ 53 6-2 Prosecution Of Work............................................................................................. 54 6-6 Delays And Extensions Of Time........................................................................... 54 6-7 Time of Completion............................................................................................... 54 6-8 Completion And Acceptance ................................................................................ 55 6-9 Liquidated Damages............................................................................................. 55 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance .. . . .... .... .. .... .. . ...... .. . .. . .. .. . . . . . . . . .. .. . . . .. .. . ... .. . . . .. . ....... .. . . .. . . . . .. ... . . ... . . 55 7-4 Workers' Compensation Insurance ...................................................................... 55 7-5 Permits.................................................................................................................. 56 7-7 Cooperation and Collateral Work . . . ... . . . . . . .. . .. . .. . .. . .. . ... .. . ... . . .. . .. .. ... . . . . . ... . . ... . . . ... . . .. . . 56 7-8 Project Site Maintenance...................................................................................... 56 7-10 Public Convenience And Safety .. .. . . . . . ..... ... ........ .... ... .. ....... .. .. .. . ... . ... .. . .. . . . . . .. ........ 57 7-13 Laws To Be Observed .......................................................................................... 60 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work................................................. 60 9-3 Payment................................................................................................................ 60 r·· f ~ Q 5/10/00 Contract No. 3523-5 Page 3 of 7 4 Pages Part2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials ........................ ....... ...................................................... 63 Section 201 201-1 Section 203 203-6 Section 206 206-7 206-8 Section 210 210-1 Section 212 212-1 PART3 Section 300 300-1 300-2 300-4 Section 301 301-1 Section 302 302-5 Section 303 303-5 Section 308 308-4 Section 310 310-5 Section 313 313-2 313-4 I\ • ., 5/10/00 Concrete, Mortar And Related Materials Portland Cement Concrete ................................................................................. . Bituminous Materials Asphalt Concrete ................................................................................................. . Miscellaneous Metal Items Traffic Signs ........................................................................................................ .. Light Gage Steel Tubing And Connectors ........................................................... . Paint And Protective Coatings Paint ..................................................................................................................... . Landscape And Irrigation Materials Landscape Materials ........................................................................................... .. Construction Methods Earthwork Clearing And Grubbing ..................................•..................................................... Unclassified Excavation ....................................................................................... . Unclassified Fill .................................................................................................... . Treated Soil, Subgrade Preparation And Placement Of Base Materials Subgrade Preparation .......................................................................................... . Roadway Surfacing Asphalt Concrete Pavement ................................................................................ . Concrete And Masonry Construction. Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways .......................................................................... .. Landscape And Irrigation Installation Planting ................................................................................................................ . Painting Painting Various Surfaces .................................................................................. . Temporary Traffic Control Devices Temporary Traffic Signing .................................................................................. . Measurement And Payment ................................................................................ . Contract No. 3523-5 Page 4 of 7 4 Pages 63 64 64 66 67 67 69 70 70 71 71 72 72 73 74 74 ,r CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids shall be deposited in the Bid Box located in the first floor lobby of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:00 P.M. on the 91h day of August, 2000, at which time they will be opened and read, for performing the work as follows: Demolition of existing curb, gutter and sidewalk, construction of new pedestrian curb ramps, and related improvements. NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523•5 This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering Department. The specifications for the work include the Standard Specifications for Public Works Construction, 1997 Edition, and the 1998 and 1999 supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. I\ • ., 5/10/00 Contract No. 3523-5 Page 5 of 7 4 Pages - -- The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 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 Responsi- bility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders cover- ing the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bid- der prior to award of this contract. 10.Bidder' s Statement Re Debarment 11.Bidder's Disclosure Of Discipline Record 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 $215,000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A, C-12, and C-32. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or Interpretation of any provision in the contract documents will be given by any agent, em- ployee or contractor of the City of Carlsbad except as herelnbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. ~ Q 5/10/00 Contract No. 3523-5 Page 6 of74 Pages 3 The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcon- tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer'' for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis 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. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admit- ted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accom- panied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. ,, • ., 5/10/00 Contract No. 3523-5 Page 7 of 7 4 Pages If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance cer- tificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meet- ing 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' com- pensation 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 re- quired 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 Carls- bad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2000-178 adopted on the 6th day of June . 20~0=0_. June 13, 2000 Date RRAIN{M~ty Clerk By: Janice Breitenfeld, Deputy City Clerk l' • ., 5/10/00 Contract No. 3523-5 Page 8 of 7 4 Pages ~· -I City of Carlsbad 141iidlii--Si,l·l•J4·E•iii,i4hl July 19, 2000 ADDENDUM NO. 1 RE: NORTHEAST, SOUTHEAST AND SOUTHWEST QUADRANTS PEDESTRIAN RAMP IMPROVEMENTS, Contract No. 3523-5 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 \ <J= 'U:::::::::: .. t =-====-... Bidder's Signature 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-2460 • FAX (760) 602-8556 (!) . . -- l' July 18, 2000 TO: FROM: RE: PLAN HOLDERS OF RECORD GLEN VAN PESKI, CONSULTANT PROJECT MANAGER NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 ADDENDUM NO. 1 ADDENDUM NO. 1 consists of: Sheets 15 of 16 and 16 of 16 of drawing no. 382-8. Replacement pages 9 of 7 4 and 10 of 7 4 of the contract. Plan holders should substitute $257,000 as the engineer's estimate on page 6 of 7 4 of the contract. The date and time of the bid opening remains unchanged. CITY OF CARLSBAD NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3523-5 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item ~ 1 Description Construct Type A Pedestrian Ramp per SDRSD G-27 at Dollars Each 2 Construct Type B Pedestrian Ramp per SDRSD G-27 at Dollars Each 3 Construct Type C Pedestrian Ramp per SDRSD G-29 at Dollars Each 4 Construct Type A-1 Pedestrian Ramp per SDRSD G-28 at Dollars Each ~ Approximate Quantity and Unit 6EA 4EA 97EA 27EA Unit Price .\L \,\S°"O~ REVISED AMENDMENT #1 '-1 5/10/00 Contract No. 3523-5 Page 9 of 7 4 Pages Approximate -Item Quantity Unit HQ. Description smd Unit Price Iom! 5 Construct Type D Pedestrian Ramp per 45 EA ~ o!:t S'~ ~ 4-2,1s~ SDRSD G-31 at Dollars Each 6 Construct Modified Alley-Type Pedes-2 EA ~ 4(So~ ~ °l axJ';_ trian Ramp per Carlsbad Standard Dwg. GS-20 at Dollars Each 7 Construct P.C.C. Sidewalk per SDRSD 1,455 SF ¼\: (c,s:g__ l 9 457SC G-7 at I . . Dollars per Square Foot 8 Construct Type G Curb and Gutter per 35 LF i34~ i f l !fO(j~ I SDRSD G-2 at Dollars per Linear Foot 9 Construct P .C.C. Cross-Gutter per 790 SF SDRSD G-12 as modified by City of l ~~~ :;\! 1,~o~ Carlsbad Standards at Dollars per Square Foot 10 Trim Roots and Install Root Barrier at 30 LF l 3~ ! I 0?2}4 ~ f Dollars per Linear Foot 11 Construct Asphalt Berm per SDRSD G-5 14 LF Al, 7.1.%-ij ?:Di 0~ Type A at Dollars per Linear Foot 12 Construct Class 2 Aggregate Base at 8.7 TONS 4 7~ i bSLS'.:.. Dollars per Ton 13 Construct Asphalt Concrete Pavement at 8.4 TONS )J 7-sx:J~~ ~ },(o&>0 ~ Dollars per Ton REVISED AMENDMENT #1 I\ • ., 5/10/00 Contract No. 3523-5 Page 1 O of 7 4 Pages I I - II • • • • • • --• • • • • • • • • • Item No. Description Approximate Quantity and Unit Unit Price Total 14 Traffic Striping at LS i :) sa:F€' i '2;;, sm~ Dollars (Lump Sum) 15 Trim Slope and Construct 12• High Inte- gral Curb at Dollars per Linear Foot 25 LF Total amount of bid in numbers:$ "2.-?... "l-1 \ '=t bci;g_ Price(s) given above are firm for 90 days after date of bid opening . Addendum(a) No(s). _ _,\~------has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited . The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity oy contractor within the State of California, validl~ · ensed under licensj_ number '2-<:..,,4 ::')'.?::\:: , classification .b.. \7::) c_i__ ~ hich expires on ~ "l... ~\ o , , and that this statement !f true and correct a d has the legal effect of an affidavit. J..A /' ~ /_,.,,_, ~' v~ N,111 l • ~~"o/,,v A bid submitted to the City by a Contractor who is not lictnse as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104 . l' •fi 5/10/00 Contract No. 3523-5 Page 11 of 7 4 Pages _______________ llllll!!l!II.I ____ IIIIIIII ___ IIIIIIII_ --~-------____ 111111 ___ --~---_111111111 __ --~-----===----=-------™--- • ---I • • • • • • • ----• • • • • • • .- • • 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 ~llusion or fraud . Accompanying this proposal is 1::,,0 \) ~~ ~o~ Iv (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid . The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete . The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions . l' .., 5/10/00 Contract No. 3523-5 Page 12 of 7 4 Pages I •. - \ • • • • • • • .,- • • • • • • If- • • IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business {Street and Number) City and State _________________________ _ (4) Zip Code ________ Telephone No.· _____________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business _______________________ _ (Street and Number) City and State _________________________ _ (4) Zip Code ________ Telephone No. _____________ _ IF A CORPORATION, SIGN HERE: (Title) Impress Corporate Seal here l\ .., 5/10/00 Contract No. 3523-5 Page 13 of 74 Pages I, • • • I - • • • •-• • • • • • • .- • .. (3) Incorporated under the laws of the State of ~u~~' J>.::- (4) Place of Business 3~ t::,. L£)\J...~i...A.-L ~ r?oKOrJ~ C:A..~l1C:,'1 (Street and Number) 1 City and State J:0 ~.-\ I><-CA-U:£:QLll ~ (5) Zip Code t:\ \ 7 l,o:::\ Telephone No. (__ 0 1 °9 j 67...-~ -1-5;.a7_..,, NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: 'bQQ...Q...... ~DQ__,'Tl-\.._\"2C>QI \,~ ,, .... 5/10/00 Contract No. 3523-5 Paae 14 of 7 4 PaOF~!; --, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I· I· State of California County of ~-~ , before me, , ~·I\.~~ ~/lA/!?!0!'ame and Titl ofOfficer (e.g., 'Jane oe, Nota personally appeared _jSJ..__,,."'l'L-~1~J:----_,b,l-""ICL\L.._...~!(...,.4-\4--"""W-~-,-----,-,,.,-----,-,------------ •••••••••••••••••••••••••••••••••••••••• z , .. ROBERTA P. ESTRADA z S . . COMM. #1271197 s p , .. ': ~ NOTARYPUBllC-CALIFORNIA p .,.,. ' LOS ANGELES COUNTY 1 • " •· My Comm. Expires July 20, 2004 1 • • ••••••••••••••••••••••••••••••••••••••• Place Notary Seal Above , ~ame(s) of Signer(s) ,z(personally know,n to me D proved to me on the basis of satisfactory evidence to be the person(~ whose name~ is/a.a! subscribed to the within instrument and acknowledged to me that he/she/t!MY executed the same in his/~/j:iMi'T' authorized capacity(~), and that by his/l)st/titld' signaturec-) on the instrument the person~, or the entity upon behalf of which the personOC,) acted, executed the instrument. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer Signer's Name: __________________________ _ D Individual D Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator D Other: __________________________ _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ________________________ .__ _____ _, •I ,] I ,J ,] I I --~_J © 1999 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I . I I I I 1 J 1 t J 1 J l I 1 1 i l ;. . ... ,,,-- -- - I j .... --· .... -------·---·-·----------· -------------·------ H.B. COVEY, INC. Financial Statements Years Ended March 31, 1999 and 1998 FERGUSON, METZNER & COMPANY CERTIFIED PUBLIC ACCOUNTANTS !. fl I I 1- 1 ' ,_ .•, .. -- , .. .,-- • • :}I H.B. COVEY, INC. Reviewed Financial Statements Years Ended March 31, 1999 and 1998 Accountants' Review Report Financial Statements: Balance Sheets Statements of Income and Retained Earnings Table of Contents Statements of Cash Flows Notes to Financial Statements Supporting Schedules: Balance Sheets · Statements of Income Statements of Cash Flows Page 1 2-3 4 5 6-14 15 16-17 18 I I I. I ,.· ' ' I -) FERGUSON, ·METZNER & COMPANY CERTIFIED PUBLIC ACCOUNTANTS 3040 SA TURN STREET MEMBERS OF: AMERICAN INSTITUTE OF CPA'S CALIFOR:-IIA SOCIETY OF CPA'S To the Board of Directors H.B. Covey, Inc. 350 E. Commercial Street Pomona, California 91767-5506 SUITE 103 BREA, CALIFORNIA 92821 Accountants' Review Report (7141 996-H92 FAX (7H) 996-H97 \I~ We have reviewed the accompanying balance sheets of H.B. Covey, Inc., as of March 31, 1999 and 1998, and the related statements of income and retained earnings and cash flows for the years then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of H.B. Covey, Inc. i L • -i ' ~ A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an examination in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Toe supplementary information on page 15 is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in.the review of the basic financial statements, and we are not aware of any material modifications that should be made thereto. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. :;;;l ~/ /4~(.AJ' . CERTIFIEQJ!DBLIC ACCOUNT June 17, 1999 ---•··--. ---··------- .- Current Assets Cash H.B. COVEY, INC. · Balance Sheets March 31. 1999 and 1998 Assets Accounts Receivable (Net of Allowance for Doubtful Accounts of $15,000) Accrued Receivables Inventory Costs and Estimated Earnings in Excess of Billings Shareholder Note Receivable Employee Advances Prepaid Expenses Prepaid Income Taxes Total Current Assets Fixed Assets Construction Equipment Vehicles Office Furniture and Equipment Leasehold Improvements Less Accwnulated Depreciation Total Fixed Assets Other Assets Corporate Membership. Deposits Total Other Assets Total Assets $ 1999 427,307 1,547,090 19,172 311,220 121,495 . 30,433 3,546 70,593 40,980 2.571,836 105,473 1,553,039 224,274 38,082 1,920,868 392,341 1,528,527 12,500 10.017 22,517 $4,122,880 See accompanying notes and accountants' review report. 2 1,855,152: .. .. .· .· .... I I I 1 I l I I [ .• I·_, I I 1· I I •r. ..- •• • •·---•• • • • •• i .. • JI jf . ·~ ' • H.B. COVEY, INC. ·Balance Sheets March 31. 1999 and 1998 Liabilities and Shareholder's Equity Current Liabilities Current Portion of Long Term Debt Accounts Payable Line of Credit Accrued Payroll Accrued Payroll Taxes Accrued Expenses Income Tax Payable Insurance Payable Sales Tax Payable Worker's Compensation Payable Billings in Excess of Costs and Estimated Earnings Total Current Liabilities Long Term Debt _Deferred Income Taxes Commitments Shareholder's Equity Common Stock, $1 Par Value, 200,000 Shares Authorized, 53,125 Shares Issued and Outstanding Retained Earnings Total Shareholder's Equity Total Liabilities and Shareholder's Equity . 1999 $ · 308,924 1,457,043 14,727 101,164 70,227 203,178 2,998 11,077 91,580 2,260,918 440,603 31,250 53,125 1,336,984 1,390,109 $ 4,122,880 See accompanying notes and accountants' review report . . J I ,. I I I ' ,_ I ' • • • I - • • • • • • • H.B. COVEY, INC. Statements of Income and Retained Earnings For the Years Ended March 31, 1999 and 1998 1999 %to Sales 1998 · · %to '-Sales Sales $ 18,880,294 13.268.762 5,611,532 4.071.399 100.0 70.3 29.7 21.5 $ 8,912,640 · ... :?:i 00.0 Cost of Sales (Schedule Page 16) Gross Margin Operating Expenses (Schedule Page 17) Income from Operations Other Income and Expense Interest Income Miscellaneous Income Loss on Sale of Fixed Assets Total Other Income and Expense Income before Income Taxes Provision for Income Taxes Net Income Retained Earnings Beginning Ending 1.540.133 8.2 13,680 134 (1.254) 12.560 1,552,693 8.2 624.543 3.3 928,150 4.9 408.834 $ 1.336,984 See accompanying notes and accountants' review report . 4 7,625.118 · 85.6 1,287,522 14.4 1.105J42 . 12.4 182.180 2.0 612 1.796 · 2.408 184,588 2.0 79.311 .. .9 105,277 1.1 303.557 $ · 408.834 I:· J . I I -I ; j l I -' I II l I } I ·, i i I •~ l . I I I . • ! • • ~ -K • I • H.B. COVEY, INC. Statements of Cash Flows For the Years Ended March 31, 1999 and 1998 1999 Cash Flows From Operating Activities:· Net Income · Adjustments to Reconcile Net Income to Net Cash Provided by Operating Activities Depreciation Deferred Income Taxes Bad Debts Loss on Sale of Fixed Assets Costs and Estimated Earnings in Excess of Billings Billings in Excess of Costs and Estimated Earnings Changes in Assets and Liabilities (Schedule Page 18) Total Adjustments Net Cash Provided by Operating Activities Cash Flows from Investing Activities: Cash Paid for Equipment Cash Paid for Corporate Membership Cash Proceeds from the Sale of Property Net Cash Used by Investing Activities Cash Flows from Financing Activities: Principal Payments on Shareholder Loan Cash Proceeds from Issuance of Common Stock Advances to Shareholder Proceeds from Long-Term Debt Net Borrowings on Line of Credit Principal Payments on Long-Term Debt Net Cash Used by Financing Activities . Net Increase in Cash Cash, Beginning of Year Cash, End of Year $ 928,150 $ 182,105 16,423 1,254 (80,052) 64,363 (221,839) (37,746) 890,404 (517,344) 6,000 (511,344) 30,873 (2,375) 72,463 14,727 (267,040) osi;3s2) 227,708 199,599 427,307 . See accompanying notes and accountants' revi~w report. 5 I ,· I I I ' ' ' I ; I I - •~ ' • • I i t .. H.B. COVEY. INC. Notes to Financial Statements March 31, 1999 and 1998 (1) Company Profile and Summary of Significant Accounting Policies Company Profile -The Company was incorporated in California on March 19, 1971. The Company is engaged in the construction, maintenance, service, and environmental management of fueling facilities for customers located in southern California. The Company customarily extends unsecured credit to clients. Method of Accounting -Assets, liabilities, revenues and expenses are recorded under the accrual method of accounting. Revenue and Cost Recognition -Revenues from long-term contracts are recognized on the percentage-of- completion method, measured by the percentage of direct costs incurred to total estimated direct costs. The method is used because management considers total cost to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimated costs, it is at least reasonably possible that the estimates used will change within the near term. Use of Estimates -The preparation of :financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Accounts Receivable -The Company provides an allowance for doubtful accounts based upon prior experience and management's assessment of the collectibility of existing specific accounts. As of the balance sheet date approximately 36% of trade receivables have originated from sales to one customer . Inventories -Inventories are valued at the lower of cost or market using the first-in, first-out method and consist entirely of raw materials. It is the responsibility of management to provide the inventory valuation. Depreciation -Fixed assets are recorded at cost and shown net of accumulated depreciation and are being depreciated over their estimated useful lives of 3 to 20 years, using the straight-line and declining balance methods. Concentration of Credit Risk-Financial instruments that potentially subject the organization to credit risk include cash on deposit with the bank amounting to $403,681 at March 31, 1999, which was insured for up to $100,000 by the U.S. Federal Deposit Insurance Corporation. Income Taxes -Income truces consist of truces currently due plus deferred truces. Deferred truces represent the future true return consequences of alternate methods of income and expense recognition for financial statement and true return reporting purposes. See accompanying accountants' review report. 6 I 1- 1 I I ' I ' ' · H.B. COVEY. INC. Notes to Financial Statements --March 31, 1999 and 1998 (2) Costs and Estimated Earnings on Uncompleted Contracts 1999 1998 Percentage-of-Completion Method Costs Incurred on Uncompleted Contracts Estimated Earnings Less: Billings to Date Costs and Estimated Earnings in Excess of Billings Bil~ings in Excess of Costs and Estimated Earnings See Page 15 for detail. (3) Pension Plans $ $ $ $ 452,654 161,154 613,808 583,893 29,915 121,495 (91.580) 29,915 $ $ $ $ 258,949 108,850 367,799 353,573 14.226 41,443 (27,217) 14.226 · The Company sponsors a 40 lk which substantially covers all employees. The employees make elective deferr~s and employer contributions are discretionary. The Company also has a profit sharing plan and a cafeteria plan available to employees. ( 4) Line of Credit The Company has a 8.5% secured line of credit with Union Bank. At March 31, 1999 the outstanding balance of the line was $14,727. The maximwn amount of credit is $125,000. See accompanying accountants' review report. 7 l I I I 1- 1 I I I I I I I r I I I ' . J I i 1-1 .. i I • I • • H.B. COVEY, INC. Notes to Financial Statements March 31. 1999 and 1998 (5) Long Term Debt 5.82% note payable to Mellon First United Leasing secured by equipment requiring monthly payments of $362 including interest for 48 · months beginning November, 1997. 9.85% note payable to Imperial Premium Finance requiring monthly payments of $1,926 including interest for 30 months beginning November, 1997. 10.5% note payable to WFS secured by equipment requiring monthly payments of $648 including interest for 60 months beginning September, 1997. 2.10% note payable to Associates Commercial Corporation secured by equipment requiring monthly payments of $1,602 including interest for 36 months beginning August, 1997. 2.9% note payable to Ford Credit secured by equipment requiring monthly payments of $533 including interest for 48 months beginning September, 1997. ·· 2.9% note payable to Ford Credit secured by equipment requiring monthly payments of $356 . including interest for 48 months beginning January, 1998. 10.25% note payable to Ford Credit secured by equipment requiring monthly payments of $772 including interest for 48 months beginning January, 1998. $ 1999 10,385 21,924 22,227 23,697 14,915 11,269 22,122 See accompanying accountants' review report. 8 1998 $ 14,005 41,800 27,367 42,213 20,787 15,149 28,746 I l ,- I i I I 1 I .I ~ ' I l I i I 1-. I l I i I I I I I I H.B. COVEY, INC. Notes to Financial Statements March 31. I 999 and 1998 (5) Long Term Debt (continued) 8.5% note payable to Graybar Financial Services secured by equipment requiring monthly payments of $243 including interest for 36 months beginning June, 1997. 7.9% note payable to GMAC secured by equipment requiring monthly payments of $1,666 including interest for 60 months beginning May, 1997. 7.75% note payable to GMAC secured by equipment requiring monthly payments of $1,125 including interest for 48 months beginning April, 1998. 10% note payable to David Saber/Caltrop secured by equipment requiring monthly payments of $1,512 including interest for 12 months beginning August, 1997. 10% note payable to David Saber/Westport International, Inc. secured by equipment requiring monthly payments of $1,192 including interest for 12 months beginning April, 1998. 10.5% note payable to Imperial Premium Finance requiring monthly payments of $8,561 including . interest for 9 months beginning November, 1998. 9% note payable to Ford Credit secured by . equipment requiring monthly payments of $826 including interest for 48 months beginning March, 1999. $ 1999 3,228 54,547 36,036 0 0 25,245 32,646 See accompanying accountants' review report .. 9 1998 $ 5,749 69,576 46,306 4,405 13,000 0 0 I -. 1- I I I I I I I • II II • • • --f .. - ii ii H.B. COVEY, INC. Notes to Financial Statements March 31, 1999 and 1998 (S) Long Term Debt (continued) 1999 15.35% note payable to GE Capital Leasing secured by equipment requiring monthly payments of $386 including interest for 36 months beginning May, 1998. $ 8,209 4.12% note payable to New Holland Credit secured by equipment requiring monthly payments of $1,603 including interest for 24 months beginning December, 1998. 30,947 9.5% note payable to New Holland Credit secured by equipment requiring monthly payments of $1,065 including interest for 48 months beginning May, 1998. 34,169 4.46% note payable to Caterpillar Financial secured by equipment requiring monthly payments of $1,673 including interest for 48 months beginning August, 1998. 62,096 8.46% note payable to Volvo Commercial secured by equipment requiring monthly payments of $1,277 including interest for 48 months beginning November, 1998. 46,269 8.5% note payable to Volvo Commercial secured by equipment requiring monthly payments of $995 including interest for 36 months beginning December, 1998. 28,413 8.5% note payable to Volvo Commercial secured by equipment requiring monthly payments of $809 including interest for 48 months beginning March, 1999. 32,264 See accompanying accountants' review report. 10 1998 $ 0 0 0 0 0 0 0 , ... I ' ' ' ' ' I II ·~~ H.B. COVEY, INC. Notes to Financial Statements March 31, 1999 and 1998 (5) Long Term Debt (continued) 1999 2.9% note payable to GMAC secured by equipment requiring monthly payments of $637 including interest for 36 months beginning February, 1999. $ 20,774 9.24% note payable to GMAC secured by equipment requiring monthly payments of $545 including interest for 36 months beginning December, 1998. 15,410 0.9% note payable to GMAC secured by equipment requiring monthly payments of $437 including interest for 36 months beginning November, 1998. 13,375 0.9% note payable to GMAC secured by equipment requiring monthly payments of $1,736 including interest for 36 months beginning June, 1998. 44,683 0.9% note payable to GMAC secured by equipment requiring monthly payments of $886 including interest for 36 months beginning June, 1998. 22,798 0.9% note payable to GMAC secured by equipment requiring monthly payments of $867 including interest for 36 months beginning June, 1998. 22,328 See accompanying accountants' review report. 11 1998 $ 0 0 0 0 0 0 I I .1· l ! -I ! -. I i I I I I . ; . I I ! . I l I I i -I I I I I I- i I I lJ.B. COVEY, INC, Notes to Financial Statements March 3 1, 1999 and 1998 (5) Long Term Debt (continued) 1999 0.9% note payable to GMAC secured by equipment requiring monthly payments of $93 8 including interest for 36 months beginning June, 1998. $ 24,143 0.9% note payable to GMAC secured by equipment requiring monthly payments of $455 including interest for 36 months beginning June, 1998. 11,709 0.9% note payable to GMAC secured by equipment requiring monthly payments of $2,086 including interest for 36 months beginning June, 1998. 53,699 749,527 Less Current Portion 308,924 $ 440l6Q3 Long term debt matures over the next five years ending March 31, as follows: 2000 2001 2002 $ 308,924 251,004 152,215 2003 37,384 $ 749,527 See accompanying accountants' review report. 12 1998 $ 0 0 0 329,103 108.760 $ 220.343 ' --- H.B. COVEY, INC • . Notes to Financial Statements March 31, 1999 and 1998 (6) Income Taxes The provision for income taxes consisted of the following: Current Income Taxes Federal State Deferred Income Taxes Federal State Total Income Taxes 1999 $ 480,953 127,167 4,704 11,719 $ 624,543 1998 $ 68,257 29,337 (22,357) 4,074 $ 79,311 The current income taxes for 1998 include $38,679 of Federal tax and $17,166 of State tax due to a tax audit. The net deferred tax assets as ofMarch 31, 1999 and 1998, are $0. No deferred tax valuation allowance is deemed necessary. The tax provision differs from the amount that would be obtained by applying federal statutory rates to income before income taxes. The primary differences result from providing for state income taxes and from deducting certain expenses for financial statement purposes but not for federal income tax purposes. See accompanying accountants' review report. 13 --~-------.------·-· --·-:·---- H.B. COVEY, INC. Notes to Financial Statements March 31, 1999 and 1998 (7) Related Party Transactions Note Receivable Shareholder -The Company has a note receivable from one shareholder at 9.5% payable on demand. Lease -The Company rents its operating facilities from the shareholders of the Company. Monthly rent payments of $2,500 were required, until March 31, 1999. The lease has been renewed until March 31, 2000 requiring monthly rent payments of $4,500. During the years ended March 31, 1999 and 1998, the Company paid the shareholders $30,000 and $24,000, respectively, for the rent of the operating facilities. In addition, the Company leases from the stockholders a Sacramento office and warehouse. The lease term is from June 1, 1998 to May 31, 1999 with monthly payments of $4,000. The Company paid the shareholders $40,000 during the year ended March 31, 1999 for the Sacramento facilities. (8) Commitments The Company leases a storage warehouse requiring monthly rents of $830. The lease term is from February, 1999 to February, 2000. The Company also leases a truck and three vehicles under operating leases that expire over the next two to five years. The following is a schedule of future minimum rental payments required under operating leases over the next five years ending March 31 : 2000 $ 38,638 2001 24,972 2002 18,270 2003 13,836 2004 4,670 $ 100,386 Rental expense was $23,956 in 1999. See accompanying accountants' review report. 14 Contract Estimated Profit Contract Revenues {Loss} 98-006T $113,022 $37,572 98-023T 22,000 2,200 98-024T · 15,590 7,090 98-025T 186,229 54,531 98-027T 187,582 51,099 98-031T 80,000 23,576 98-036T 23,375 8,766 '98-056T 41,441 23,5 I 1 98-060T 101,233 3,593 98-062T 17,790 7,418 98-065T 183,000 51,247 98-073T 200,374 93,197 99-022T 7,092 3,736 99-008T 329,474 107,337 Total $1,508,202 $474,873 Contract Estimated Profit Contract Revenues {Loss} 97-047T $20,801 $20,801 97-077T 82,278 577 97-087T 30,039 11,689 97-088T 199,476 102,796 97-092T 117,305 · 56,470 98-005T 100,000 23,550 98-006T 103,000 27,550 98-007T 624,800 147,800 98-008T 164,476 34,476 98-0lOT 21,000 10,992 Total $1,463,175 $436,701 H.B. COVEY, INC. CONTRACTS IN PROGRESS March 31, 1999 and 1998 From Inceetion to Mar-ch 31, 1999 Gross Revenues Cost of Profit Billed to Earned Revenues (Loss} Date. $74,436 $49,691 $24,745 $79,636 20,522 18,470 2,052 0 1,645 897 748 0 186,229 131,698 54,531 184,110 2,926 2,129 797 0 32,168 22,689 9,479 45,800 23,375 14,609 8,766 20,375 8,081 3,496 4,585 6,012 101,233 97,640 3,593 98,434 5,552 3,237 2,315 0 122,244 88,007 34,237 67,157 22,582 12,082 10,500 0 3,194 1,512 1,682 0 9,621 6,497 3,124 82,369 $613,808 $452,654 $161,154 $583,893 From lnceetion to March 31, 1998 Gross Revenues Cost of Profit Billed to Earned Revenues {Loss} Date $20,801 so $20,801 $0 9,692 9,629 63 10,000 26,218 16,016 10,202 22,580 6,283 3,053 3,230 5,869 9,877 5,125 4,752 24,750 840 643 197 5,000 1,102 808 294 5,150 279,660 213,507 66,153 275,224 12,154 9,609 2,545 0 1,172 559 613 5,000 $367,799 $258,949 $108,850 $353,573 Estimated Cost to Comelete $25,759 1,330 7,603 0 134,354 33,735 0 14,434 0 7,135 43,746 95,095 1,844 215,640 $580,675 Estimated Cost to Comelete $0 72,072 2,334 93,627 55,710 75,807 74,642 263,493 120,391 9,449 $767,525 See accompanying notes and accountants' review report. 15 At March 31, 1999 Costs and Billings in Estimated Excess of Earnings Costs and in Excess Estimated ofBillin~ Earnings so ($5,200) 20,522 0 1,645 0 2,119 0 2,926 0 0 (13,632) 3,000 0 2,069 0 2,799 0 5,552 0 55,087 0 22,582 ·o 3,194 0 0 {72,748} $121,495 ($91.580) At March 31, 1998 Costs and Billings in Estimated Excess of Earnings Costs and in Excess Estimated of Billings Earnings $20,801 $0 0 (308) 3,638 0 414 0 0 (14,873) 0 (4,160) 0 (4,048) 4,436 0 12,154 0 0 p,828} $41.443 ($27,217} .. I L I I • I " • JI ... - H.B. COVEY. INC. Statements of Income Supporting Schedule For the Years Ended March 31. 1999 and 1998 %to 1999 Sales Cost of Sales Materials $ 4,327,930 23.0 Direct Labor 2,497,246 13.2 Subcontracts 3,823,751 20.3 Equipment Rental 433,412 2.3 Licenses and Permits 220,365 1.2 Other Salaries and Wages 760,002 4.0 Payroll Taxes 256,398 1.4 Vehicle Expenses 592,854 3.1 Worker's Compensation Insurance 118,768 .6 Communication Expense 134,686 .7 Miscellaneous Job Costs 103.350 .5 Total Cost of Sales $ 13,268%762 70.3 See accompanying notes and accountants' review report. 16 $ .7;625.il8 : : ·85.6 I . .. I -t I I I I I I I I ,- I I I ' I I I ' I I I ' I ' -I ., I H.B. COVEY. INC • Statements of Income Sypporting Schedule For the Years Ended March 31, 1999 and 1998 Operating Expenses Advertising Bad Debts Bank Charges Depreciation Donations Dues and Subscriptions Employee Benefits Insurance . Interest Janitorial Licenses and Permits Marketing and Consulting Meals and Entertainment Medical Expenses Office Equipment Lease Office Supplies Payroll Taxes Penalties Postage Printing Professional Services Profit Sharing and Pension Property Taxes Rent Repairs and Maintenance Salaries -Officers Salaries -Other Seminars. and Training Software Expense Telephone Travel Expense Uniforms · Utilities Worker's Compensation Insurance Total Operating Expenses %to 1999 Sales $ 34,190 .2 759 182,105 1.0 963 7,706 97,345 .5 37,218 .1 1,194 5,808 800,000 4.2 28,502 .2 131,789 .7 2,471 283,468 1.5 131,437 .7 1,690 13,361 .1 140 95,193 .5 16,795 .1 7,404 97,008 .6 264 1,297,601 6.9 554,751 2.9 27,947 .1 54,524 .3 51,939. .4 63,384 .3 7,578 29,468 .2 7 397 $4,071,399 21.5 See accompanying notes and accountants' review report. 17 , _:, ... ·, 20;476' -~· .·· .2': 62,839 -.7. ·3,85f( __ ·.-:-·,·,·:c:>:, . :, : -?9~287 . ,· '.<_.9/i • C .;·<s21 :~-::-'::~i·-_Lt? ·\~i!lii11~i,il t~iii~~:~~·f I • •• ,,. • ., • ~ ..... 0o4•-~ .---._.~ ..... -:$~~~~~;W~i:i;J:Yi4~~;~ I ,'. ' ·~~ r-·., - I I I I I I I ) - I I J I I I I -I I H.B. COVEY, INC. Statements of Cash Flows S~portini Schedule For the Years Ended March 31. 1999 and 1998 Changes in Assets and Liabilities Accounts Receivable · Accrued Receivables Prepaid Expenses Inventory Employee Advances Prepaid Income Taxes Deposits Accounts Payable Accrued Payroll Accrued Payroll Taxes Accrued Expenses Income Tax Payable Insurance Payable Sales Tax Payable Worker's's Compensation Payable Supplemental Disclosures of Cash Flow Information Non -Cash Investing and Financing Activities Total Assets Acquired Long Term Debt Used to Purchase Equipment Cash Paid for Equipment Cash Paid During the Period for: Interest Income Taxes 1999 $ (183,728) (19,172) (2,823) (158,178) (1,668) (40,980) 1,731 92,829 32,583 29,724 116,591 (82,555) (7,060) (960) 1,827 $ (221,839) $1,132,345 615,001 $ 517,344 $ 37,218 $ 674,978 See accompanying notes and accountants' review report. 18 -. -----· ---·--.... --., ----· .. -- ,,,,,. j,' CONTRACTOR/ SUBCONTRACTOR QUALIFICATION INFORMATION -·;lie .,/ _,.;,..i1owlno Information Is requested as an Integral part of ~II sollcltatlons for bids. This Is not a Credit Appllcatlon and the information will jlvulged lo any Credit Reporting Agency. This lnfonnation will not be used as a sole basis loracceptanee or denial of your quotation(s} • H. B. Covey, Ind. Company N&IN 3SO E. Commercial Street Add~ Pomona, California 91767 . City I St&te I Zlp (909) 623-2502 Kurt Levens Contact Penon Please check-the appropriate box(es) If company's ownership is greater than 50~. of any of the following groups: 0 Black O Hispanic O Other Minority _______ 0 Women If none of the above Is applicable, please check RI. Attach most recent Financial Statement. Including Balance Sheet and Income Expen~ Statement. PROPRIETORSHIP: Ust names of partners or Corporate-qttlcers. Name &. Title 0 Partnership LI.st Partners Bret Covey, President Social Security No. Taxpayer I.D. No. 556-67-7139 95-2681649 ~ Corporation Burr Northrop. Sec. , Treas. , CEO List Officers 550-57-1934 and Tittes Kurt Levens, YP Deyelo1,Jrnent 562-61-3600 Date Company established: __ 3_-_2_2_-_4_8 ____ _ Number of Employees· 11 5 Annual Gross Sales: 1 2-1 8 Mil COHTIUCTOA LICENSE: California 269354 , .•. noer ~ COMP AHY(S): (Provide ~rtificate ot lnsuran«J United Capital Insurance Hame · (General Liability) City I St.ate/ Zip {949) 788-0007 A~ncy Millenium Insurance Addrns(ildilh:rent). 7700 Irvine Dr., #505 TRAD£ R~C'E.S (Furnish lht~): Irvine , CA 9 2 61 8 HAZARDOUS MATERIAL CERTIFlCATE (if applicable) California State ls.sued 269354 Number Fremont Compensation Insurance N.ame <worker's Compensation) Address City I Stale I Zip Phone (909) 981-2745 Aoency Kirkeby Insurance Acrency Address(lf<lil1erent) 255 W. Foothill_ "Bl., #205 Upland, CA 91786 · GRW Equipment, Inc. · Nieto & Sons Trucking Orange Co. Wholesale Elect Nam. Name Name 1550 E AJoodra BJ P n Bax 76D P. o. Box 1647 Addreu Addrus Address Paramount, CA 90723 Yorba Linda, CA 92686 City I Slate/ Zip City I Slate / Zip (562) 634-0077 {714) 990-6855 Pnone Phone Al Goe Steve Nieto =Pe-=------1-0 "=eo_n __ t_ac.a,-t----"---------- Orange. CA 92668 Person lo Conta<:t City I State / Zip {714) 538-0250 Phone . John Borton Persoo to COnta<:t · SANK REFERENCE: Union Bank of California Danh Tran ·-1-1-!1 N 2569 Chino Hills Parkway A4dr.ss Person to Contact . ( 909) 393-3582 Phone Chino Hills, CA 91709 Ctty I State I Zip .. Burr Northrop and Bret Covey 6120008232 Account No. Oate CP.; Titl-e Statel I Are~ Covered I I i I I I -• --• '.. ' :. ii II • ti -• • •·· -- BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully performed and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience·and skill. An attachment can be used. I Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract »t:£.-l q ct ~Oi/ ~C\.~-'5'\-1S s-,o~i:...."'-o\ C.\"l"'1,. O\'° ~\ ~,.l-r ~ \/-. • \)~ ~.'J°b>l(..... .µ.A..)t)Lt.41 ~ \) ~ 70000 'S J 'l..«>O gos-/ <.,. s""'-, a 1-\ ~:.Wb\CU ~.>, 2.A0,ooo <!.. ,,-.'1. OF ~ 'B\)~E:JJ1V""-~ e. E::P--r ,.,..., ao., 'IL-.S.I 0&.ae, • .c l :5 f -zooo c.,"t""'I 0~ \..()"t-\.\.~ Cl~, ~~S"-3Cf\.OO eq"~ ~i&.~~s, 1401coo 'lbl..&. ~oc:..µ~ f>tt)~ I ~Jc.Arr t•""'fi\, -p11. • .n~'1 ~~ c.A.Y\~ ~~~ ~~~ ~ Q..._ ' -µ .. ~-~.J~, \~C...... I \\~~ V&!l..R)~~ \..,-£) ~ L\J---~(2__ ~t-~~ ~ ~ 1\~~CJ-tSs.--~. r""I---..,,,.. -.& -,,A n---- / San Diego Terminal Improvement, Greyhound, $2.4MM, 5%, 12/00 PIC Rollout (Phase IV), Arco Products, $300,000.00, 5%, 12/00 Equilon Tenant Improvements, Equilon, $80,000.00, 10% 4/00 Petroleum System Upgrade, More 4 Less, $461,000.00, 10%, 4/00 SB 989 Upgrades, Mobil Oil Corporation, $614,000.00, 25%, 4/00 Los Angeles City Hall, City of Los Angeles, $573,000.00, 50%, 4/00 3.5 PIC Rollout, Arco Products Company, $6.1 MM, 12/99, 92.75% Self Serve Caretaker, Arco Products Company, $3.15:M:M, 2/00, 73.0% EPA Upgrade, Mobil Oil Corporation, $2. lMM, 12/98, 73.0% Travel Centers Sacramento, Travel Centers America, $0.6MM, 12/98, 73% Cabrillo Chevron, Full Circle Fuels, $0.6MM, 3/98, 80% Travel Centers Ontario, Travel Centers America, $0.4MM, 11/98, 73% City of Los Angeles EPA Compliance, City of L.A., $2.025, 3/00, 73% 3.6 Jim Gonzales -25 years in petroleum construction (ground up buildings and fueling systems). Gary Smith -30 years in construction, 15 years construction management. CM for Arco and Mobil. Carl Nelson -30 years in construction, 20 years as project manager. Ground up new stations for Shell, Texaco and Chevron. John Klepper -30 years in construction, 15 years as site superintendent. Specialty in mechanical and fueling systems. · Jose Arreolla -25 years in construction, 10 years as site superintendent. Specialty in mechanical and fueling systems. · Glenn Owens -16 years in construction, 5 years as electrical foreman and site superintendent. Specialty in electrical and control systems. ~,~ge Four .,1 No. 12 Attachment. ✓ / { ~- 1. Arco Products Company 4 Centerpointe Drive La Palma, CA 90623 Date Work Performed/Completed: 12/99 Scope: PIG Rollout Contact: Rick Wooldridge, Technology Manager Phone: (714) 670-3966 2. Arco Products Company 4 Centerpointe Drive La Palma, CA 90623 Date Work Performed/Completed: 02/00 Scope: Self Serve Caretaker Contact: Vince Corsello · Phone: (714) 670-5366 3. Brinderson 1210 W. 190th Street Torrance, CA 90502 Date Work Performed/Completed: 12/98 · Scope: Mobil EPA Upgrades Contact: Logan Frame, Construction Manager Phone: (310) 538-3251 4. Travel Centers of America 24601 Center Ridge Road Suite 200 5. Westlake, OH 44145 Date Work Performed/Completed: 12/98 Scope: UST Closure Contact: Emily Gloeckler Phone: (440) 808-4411 Brinderson Constructors 1210 W. 190th Street Torrance, CA 90502 Date Work Performed/Completed: 03/00 Scope: City of Los Angeles EPA Compliance Contact: Curt Brown Phone: (310) 538-3251 I .,- • I II • • II II Ill! II II II II • -~ i t: BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal} NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. . 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1} Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance com- pany that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance cer- tificate must state the coverage is for "any auto" and cannot be limited in any manner. l'\ • ., 5/10/00 Contract No. 3523-5 Page 23 of 7 4 Pages I\ I I •• • • . • • • • • .: .: • •- - ~ =-·1 ■ \ .. , BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by an- other jurisdiction in the State of California? yes 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(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: ¾\ob .. CD~<c:j , ~v By: V-d~ L,(.,J~t0S, 0\Ct~?t.€~\t>C~~ (print name/title) 1 Page __ of __ pages of this Re Debarment form l' • ., 5/10/00 Contract No. 3523-5 Page 24 of 7 4 Pages I ,.- ■ • • • • • • • • • • • • • --• - ' \ I. ... BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 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 re- garding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Regis- trar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826 . 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes 2) Has the suspension or revocation of your contractors license ever been stayed? yes ~ 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes + 4) Has the suspension or revocation of the license of any subcontractor's that you propose to per- form any portion of the ~ver been stayed? yes 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party dis- ciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor . (If needed attach additional sheets to provide full disclosure.) Page __ of __ pages of this Disclosure of Discipline form ~ ~, 5/10/00 Contract No. 3523-5 Page 25 of 7 4 Pages I I I I I • I I • ---• • • • • • • .- • ■ \ l I ► BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 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, de- scribe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed . (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: :\-\ .. ~ '0:::u~tj' \~(_,, (name of 9ofltractor) By: \ <vj-~ (sign here) ~ Ltv'~,-_)S, \.) ,c~ 3 ~,I)~~ (print name/title) Page __ of __ pages of this Disclosure of Discipline form l"\ • ., 5/10/00 Contract No. 3523-5 Page 26 of 7 4 Pages I I I I I I ■ ■ • • • ■ ■ ■ • -- ■ • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 State of California ) ) ss. County of LD~ ~G.,_tt.t-~ ) -------~ __ 0-=_::'\"" __ \__, ____ ~ __ '=-_~_'::::> ________ , being first duly sworn, deposes (Name of Bidder) and says that he or she is J-'l'.Sc::. :X ~ \ e> ~-~--r (Title) of ___ _,;,.\-\_~-~---~_0_~-----~\ ...... i-Sc..---~---------- (Name of Finn) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any un- disclosed 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 otner 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, di- rectly 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 foregoing is true and correct and that this affidavit was executed on the @i day of f.\.j s u ~'"\" , 20 o~ . Signature of Bidder lNOTARY SEAL) •••••••••••••••••••••••••••••••••••••• Z ... ROBERTA P. ESTRADA /z,..,__~~--....,,.,~-.,....:;.------------ S · COMM. #1271197 S p •"''f NOTARYPUBUC-CALIFORN 1 " , LOSANGELESCOIJNTY P • • "O My Comm. Expires July 20, 2004 J ··a·································= \.4' 5/10/00 Contract No. 3523-5 Page 27 of 7 4 Pages .. : :<:••::••:•:•.•::•·•::••:=••·:•:•·•:•:.·•:-:-:-:-:.:-::::::::::::::::::::::::;:;::::::::::::·:::-:::·: ········.·.·.·.·•.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.·.· PRODUCER (949) 788-0007 FAX (949) 788-0072 illennium Risk Management & Insurance Services 7700 Irvine Center Drive ,,,-':e 505 .1.. ,ine, CA 92618 Attn: Darlene Owens INSURED H.B. Covey, Inc. 350 E. Commercial Street Pomona, CA 91767 QQVij~~~l.i!f> Ext: 231 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A COMPANY B COMPANY C COMPANY D COMPANIES AFFORDING COVERAGE American Safety Casualty Insurance Co . Golden Eagle Insurance Corporation/RE Lee 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. co LTR A B ·- TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR ········ CFL00-1937-001 OWNER'S & CONTRACTOR'S PROT X Cont. Pollution $1, bbo; bob Limit . AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER . INCL EXCL CCP 671666-00 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS POLICY EFFECTIVE POLICY EXPIRATION: DATE (MM/DDNY) DATE (MM/DDNY) . 10/01/2000 10/01/2001 10/01/2000 10/01/2001 LIMITS GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) $ AGGREGATE $ EL EACH ACCIDENT $ $ $ $ EL DISEASE -POLICY LIMIT $ EL DISEASE -EA EMPLOYEE $ 2 ·' 000 , ooo. 2,000,000 1,000,000 1,000,000 50,000 5,000 1,000,000 ertificate Holder is named Additional Insured as respects General Liability per endorsement G 2010 11/85 / RE: Pedestrian Ramp Improvements/ Contract No. 3523-5 of CANCELLATION in the event of non-payment of premium City of Carlsbad Attn: Kevin Davis, Pu~chasing Dept. 1635 Faraday Avenue Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL~~ MAIL 5Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Policy Number CFL00-1937-001 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY -PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: Name of Person or Organizations: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SCHEDULE RE: Pedestrian Ramp Improvements / Contract 3523-5 (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 respects to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 ,- Millennium Risk Management & Insurance Services Interoffice MEMO To: From: Subject: Date: FYI Elizabeth Lisek H.B.Covey 10/3/2000 I called Kevin Davis from City of Carlsbad (760)602-2466 regarding the certificate. Kevin is on vacation, therefore, I talked to Jim. Advised him that we are faxing the cert of ins which meets all their requirements. Also told him to make sure to retrieve it, as today was the deadline for H.B. Covey to deliver that info. CONTRACT PUBLIC WORKS This agreement is made this fdf'IL day of ~ , 2~, by and be- tween the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and H.B. COVEY, INC. whose principal place of business is __ ..::3-=-5=-0 -=E:.:.A.:.:S=..T;___;C=-0=-M=M~E:.:..:R:..;;:C:;.;.l ,;..;A~L;.....;;;.S T..;..:..;R~E~E~T-'-, _P:...O.;:;.M:..;.;..;;;;O..;..N;.;..A.;;.£,__,;;;;C..;..A;;......;;.9..;..17;...;6;.;.7 ______ (hereinafter called "Contractor''). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 (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 Opera- tor/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Pro- visions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or speci- fied, but which are essential to the completion of the work, shall be provided at the Contractor's ex- pense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. ft ~, 5/10/00 Contract No. 3523-5 Page 28 of 7 4 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the -·--work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. · Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the -time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. ,,,,-- I In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. ft "'-I 5110100 Contract No. 3523-5 Page 29 of 7 4 Pages r r 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. I\ • ., 5/10/00 Contract No. 3523-5 Page 30 of 7 4 Pages ,-· a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E} Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. I\ • ., 5/10/00 Contract No. 3523-5 Page 31 of 74 Pages ,,--, ( i 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. O I O I I have read and understand all provisions of Section 11 above. !) N 1>N ---(Initial) (Initial) 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, Ar- ticle 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princi- pal place of business as specified above, Contractor shall so inform the City by certified letter ac- companying 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. ft ~, 5/10/00 Contract No. 3523-5 Page 32 of 7 4 Pages -- 1,,-- r' 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORA TE SEAL) CONTRACTOR: e of Contractor) (print name and title} President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant sec- retary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD . BALL City Attom I\ • ., 5/10/00 Contract No. 3523-5 Page 33 of 7 4 Pages BOND NO.: BE265299 PREMIUM: $3 3 , 33.0 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS. the City Council of 1he City of C8rfsbad, State of Callfomia, by Resolution No. 2000-281 adopted SEPTEMBER 12, 2000 • ---_.;;.;;.;...,;;..:;:,::;.:.:::;~!.!.!.,..!.:,:.:_ ___ • has H.B. COVEY, INC, designated as the -Princlpar), a Contract for. NORTHEAST, SOUTH!AST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 rded to in the City of Cartsbad, fn strict conformity with Che con1ract. the drawings and spedfi tions and o1h_er Con~ct Documents ~ow on file in the Office of the City Clerk of the City of Ca sbad ·•II or which •re incorporated herein by this reference. • WH~REAS. P~pal has executed or is about to execute said Contract and the t requ,re the fumishmg of a bond for the faithful performance and warranty of said Contra thereof NOW, THEREFORE, we, H.B. COVEY, INC. ---............... ~..;.;.,...:;.;. __________ __, a Principal, (hereinafter designated as the "Contractor"). and -.:.~~~~~~.J.:I..lJlr:'Ul~~-+---- . th f TWO HU R D as Surety. are held and firmly bound unto the City Car1sbad, m e sum o ND E TWENTY TWO THOUSAND ONE HUNORE NINETY -THREE AND N 00---------------otlars ($ 222.1, .oo ), said sum ng equal to one hundred percent (100°/o) of the esttmated amount of the Contract. to be paid to Clty r lts oenain attorney, Its successors end assigns: for which payment. well and truly to be ma e, we bind ourselves, our heirs. exeeutors and administrators, successors or assigns, jointly a d severally, firmly by these ptMents. THE CONDITION OF THIS OBLfGA TION IS SUCH that if the above bounden Contr.M·m, their heirs, executors, administrators. successors or assigns. shalt ln all things stand to and abid by, and well and tnJly keep and perform the covenants, conditions, and agreements in the Contra and any al• teration thereof made as therein provtded on their part. to be kept and performed at time and In the manner therein specified. and In all respects according to their true intent and mea ng. and shall indemnify and save harmless the City of cartsbad, its offioers, employees and agen , as therein stipulated, then this obligation shall become nuH and void~ otherWiae tt shall remain in I\ force and effect. As a part of the obHgation secured hereby and ln addition to the face amount spadfted refor. there shall be indUdecl eosta and r--.onable expenses and fees. including reasonable a omey's fees, incurr9d by the City in successfully enforcing such obligation, all to be taxed as costs included in any judgment rendered. Surety stipulates and agrees that no change. extension of time, alteration or addition the terms of the Contract, or to the work to be performed thereunder or 1he specifications acc:drrmanytnQ the same shalt affect Its obligations on this bond, and It does hereby waive notice any change. extension of time~ an.ratiOnS or addition to the wma of \he a>ntraet or to the ork or to the $peeif'ICationS. 0 5/10/00 90 39'i1d ,\31\00 8 ..;·--· . ··-··--- In the event that Contractor is an individual. it is agreed that 1he death of any such Con ctor shalt not exonerate the Surety from Its obHgations under this bond. Executed by CONTRACTOR this 4 ----=--- day of __ o_cN __ t>_bL-.....;.. ___ 20 oo . CONTRACTOR: By: -.:,,::;;.~~(s-+-,g-n-:h-•-re-::-)------ ~~U---~ oQ_\l,-l ~ p (prtnt name here J (Tide and rganizatton of Signatory) By: {sign here) ~~~ .,l-o '2-"'l1--\ -t.O f> (print name here) "':::.t~ (TI1le and Organtzation of signatory) Executed by SURE1Y thls ___ 3 __ RD ___ ..,...day of OCTOBER SURETY: (name of Surety) 101 W. BROADWAY, SUITE 70 SAN DIEGO, CA 92101 (address of Surety) 800-238-2100 (telephOne number of Surety) ' By: I/'. (signature of Attorney-in.Fact) DWIGHT REILLY (printed name of Attorney-in-Fact (Attach corporate resolution s ng current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must b (President or vice-president and secretary or assistant secretary must sign for corpora · s. If only one officer signs. the co,po,ation 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.-------------------Deputy City AttomeY 0 5/10/00 Contract No. 3623--1 Page 37 74 PeQM L0 39tid ... -----r-r--', '\ • ..,. 2:GLt--cz:9-606 ft-:;::r 000u2:010r·· . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I· f· State of California County of SAN BERNARDINO On OCT. 3, 2000 ·, before me, CLAUDETTE N. MARTIN, NOTARY PUBL!C Data Name and TIiie of Officer (e.g.,• Jane Doe, Notary Public") personally appeared DWIGHT REILLY------------------------------, Place Notary Seal Above Name(s) of Signer(•) ~ personally known to me □ proved to me on the basis of satisfactory evidence to be the person(]{) whose nameOC) is/atJ( subscribed to the within Instrument and acknowledged to me that he~~){ executed the same in his/'1e1Jlhe1C authorized capacityM,~. and that · by his~~tblltt signature(,}} on the instrument the person~}. or the entity upon behalf of which the person~) acted, executed the instrument. · WITNESS my hand and official seal. ClauaRfb fl· flJwJZn SlgiiiTure of Notary Public CLAUDETTE N. MARTIN ----------OPTIONAL---------- Though the information below Is not required by faw, 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 BOND Document Date: __ O_C_T_O_B_E_R __ 3~,_2_0_0_0 ______ Number of Pages: ______ _ Slgner(s) Other Than Named Above: _N_O_N_E ___________________ _ SC_apa~itNy(ies) ~~fa~,l>YR~~~tY--"-------------------------1gner s ame: . D Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General Kl Attorney in Fact D Trustee □ Guardian or Conservator □ Other: ________________________ _ Signer Is Representing: GULF INSURANCE COMPANY RIGHT THUMBPRINT Ol=SIGNER Top of thumb here ----· . -=-.::~ ~ _:.. . -'= ---=-·-·-=--.:_· ::_'_ •I ·I ·I C 1997 National Notary Associallon • 9350 De Soto Ave,, P.O. Bo• 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY ,,-"IRIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER 1TH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN .JRIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of thP State of Missouri, having its principal office in the city of Irving. Texas, pursuant to the follow1nrJ resolution, adopted by the Finance & Execuuve Committee of the Board of Directors at the Sil Id Company on the 10th day of August, 1993, lo wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shal I 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; and any such Attorney-in-Fact may be removed and t11e autt1ority granted him revoked by the President, or any Executive Vice Pre11dent, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors 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 Gulf Insurance Company RESOLVED, that the sigm1ture of the President, Executive Vice President or any Senior Vice President 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 powers so executed and certified by facsimile signature and facsimile seal sl1all be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, con1titute and appoint DWIGHT REILLY HJ DUECK BOND NUMBER BE2652999 / NAME, ADDRESS PRINCIPAL: CITY, STATE, ZIP H. B. COVEY, INC. 350 COMMERCIAL STREET POMONA, CA 91767 \.. EFFECTIVE DATE OCTOBER 3, 2000 I' CONTRACT AMOUNT $222,193.00 \_ I' BOND AMOUNT $222,193.00 its true and lawful attorney(s)-in-fact with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any -1d all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such Jnds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. STATE OF NEWYORK COUNTY OF KINGS } ss GU~SURANCECOMPANY ~P-~ Lawrence P. Miniter Executive Vice President On this 28th day of July, 2000 A.O., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf 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 instruments 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. STATE OF NEWYORK } COUNTY OF NEWYORK SS o~Ja~ Notary Public, State of New York No. 02JA4958634 Qualified in Kings County Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. ,..--,igned and Sealed at the City of New York. 8023-BE (7 /2000) Dated the 3Jf,.., day<8f-PC'POBER ~ 20 00 ,/~(~~· Geor_ge Biancardi Senior Vice President -- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,, I· I· I• I I I• I• I• I· State of California Coun~ of LMAy~ On lo,IJJ/4Da/)tej) , before me, ---J.+_.J~~~~~~~==t-~~~~ personally :pea red ~&.u~~~,,,,--~__,lli'-----+ .... '/J .... _tii_,_Vl.,....~~a--.1mF"e-an-,-d,-Ti-:--tle=o-f Offi--,---,c,-er-(e_.g_., _"J-an-e-□o_e_, N-o-ta_ry_P_ub-lic-") __ _ .-' ~(s) of Signer(s) ........................................ • • z ....... : .. •,, ROBERTA P. ESTRADA z S . . COMM. #1271197 s p ; .. "' NOTARY PUBLIC• CALIPORNIA 1 . i'' LOS ANGl!Ll!8 COUNTY p • • ... :. My Comm. Expll'II July 20, 2004 l ••••••••••••••••••••••••••••••••••••••• 1 Place Notary Seal Above -~personally known to me C proved to me on the basis of satisfactory evidence to be the person(~ whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/~/~ executed the same in his/J)dftl)8it, authorized capacity(i)$), and that by his/W/tb@:tt signature~ on the instrument the person(~, or the entity upon behalf of which the person(a) acted, executed the instrument. 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 Documen½~ '// a,-~ ~) Title or Type of Document: ~ __ ',QLJ_LZJ.11,/J,{,1L ~ , Document Date: /0/3 / (]Q Number of Pages: / Signer(s) Other Than Nam:d A:e: ~ -~----- C_apacity(ies) Claimed by Sign~f/2. \ A /) ·-. / ~ 1· .nf} Signer's Name: -------~'l.,/4l/=~-V~)_/_ (;(/~~ l'Mt/i_~~~'------1,f------- □ Individual f" ~ _ ~ ~ Corporate Officer -Title(s): a-(). QU,C,,U . -1 □ Partner -□ Limited □ General □ Attorney in Fact - □ Trustee □ Guardian or Conservator □ Other: = Signe, Is RepresenUnoc c:#8. 13-ic:e?!' ~ I I •I •I © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 I ·---·" BOND NO.: BE2653000 PREMIUM : $3 ,333.00 LABOR AND MATERIALS BOND ~~f~• lhe Ctty c:~cp·:.: the ~tP,fE~~fi sr0tg0 of California, by Res lution No. ' • has awarded to H. 8. COVEY, INC. r des19na pa ). a ntract . NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 ~ the Cit)' of Carlsbad. i!' strict confonnity with the drawings and specfflcations, and o r Contract in~":::d n:'re?:: ~let!;~:.: of the City Clerk of the City of Carlsbad and all O whieh are WH~REAS, P~n~pal has executed or is about to execute said Connet and the te rn AIOf ~:u}: !':Y ~!~1 C:ra ~d. providing that if Principal or any of their subcontractors s:all t!il to performa f the , ovlS ons, provender or other supplies or teams used in. upon about the Surety onn~ o _d wort<llt ag~ to be done. or for any work or labor done thereon of a Y kind the v, s .-., w pay u,. same to the extent hereinafter set forth. ' NOW. THEREFORE. WE, .B. V Y INC. as Principal, (hereinafter de;;saif.•g;n~ati.ed:;i";a:s'+the~~o~ni=ct:ro::,.-:;;-r-, '=-anct:T.,..,,F'l""'r.:p~r;-;-N~s ~~~--+----' as Surety, are held firmly bound unto the City of Carlsbad in u,::e~s~u=m::-:of::r:~~~~~~~~ ....... Y N N ( 222. 12 • oo _j. sa sum ng an amount equal to: One hundred percent (100%) of the total estimated amount payable under safd contra of carlsbad under the terms of the contract when the total amount payable does not mHlion dollars ($5,000,000) or, Fifty percent (50%) of the totat estimated amount payable under said contract by lhe Ci under the terms of the contract when the total amount payable is not less than five ($5,000,000) and does not exc:eed ten million dollars ($10,000,000) or, Twent;•five percent (25%) of the total estimated amount payable under said contract the City of Carlsbad under the terms of 1he contract if the contract exceeds ten million dollars ( , o.OOO,OOO) and for which payment well and truly to be made we bind ourselves, our hetrs, e tors and admnistrators, successors. or assigns. jOlntly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that tf1he person or his/her subcon ors fail to pay for any materials, provisions, provender, supplies. or teams ueed in. upon. for. or ut the per- formance of the work contracted to be done, or for any other work or labor thereon of a y kind, or for amounts due under the Unemployment tnsuranee Code with respect to such work or la or, or for .any amounts required to be deducted, withheld, and paid over to the Employment Oevelo nt Depart- ment from 1he wages of employees of the contractor and subcontractors pursuant to ·on 13020 of the Unemployment Insurance Code with respect to such work and labor that the Su ty will pay for the~. not to exceed the sum spec:ffied in the bond, and. alSo, in case suit is bro gnt upon the bond. costs and rusonable expenses and fees. including reasonable attorney's tees. be fixed by the court, as required by the provisions of section 3248 of the California CivH Code. 0 5/10/00 1'0 39b'd ··· convect No. 3$23-6 /31\00 g -,:,-··· .. --···· ·-·-····~ Pagel' 74P8Q8S - This bond shall Inure to the benefit of any and all persons, companies and corporations en ed to file claims under TWe 15 of Part 4 of Division 3 of the Civil Code (commencing with section 30 2). Surety stipulates and agrees that no change, extension of time, alteration or addition to terms of the Contract. or to the work to be perfonned thereunder or the specifications accomp nytng the same shaU affect Its Obligations on this bond, and it does hereby waive notice of y change. extension of time, alterations or addition to the terms of the contract or to the w or to the speclficatioM. In 1he event that Contractor is an individual, It is agreed that the death of any such Con not exonerate the Surety from its obJJgatlons under this bond. Executed by CONTRACTOR this __ 4 ___ _ day of ___ o_qv_b_~-----· 20..££_. Executed by SURETY this 3RD of OCTOBER day 2000 . - CONTRACTOR: By: __ '-""...-,.,.-~~~-~-----(sign here) 'B\,)U--~Q ~TU~~ (print name here) \.}\L.f:..,.. (( t.E.~:d C) ~--C- d ~anizatlon of signatory) By::_...'-"~~~~-=---:-------(sign here) %1,) CU-~cQ;n.l. A-c e (title and organization of signatory) SURETY: GULF INSURANCE COMPANY (name of Surety) 101 W. BROADWAY, SUITE 00 SAN DIEGO CA 92 (address of Surety) 800-238-2100 (telephone number of Sur ty) . By: (signature of Attorney--. • ) DWIGHT REILLY (printed name of Attomey-i (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must ffltJ$t · for · ns. If only (President or vice-president and secretary or assistant secretary sagn ta or assistant one officer signs, the corporatlort must attach a resoluti~ certified by 1!'• )ere secretary under corporate seal empowering that officer to band the COl'l)Oll\tion. APPROVED AS TO FORM: 0 5/10/00 50 ~d - -Contrect No. 3523--6 ···---·····-·-·· --------,.,-n:r-~ A31\0!) a H Z:6L~-E2:9-606 . ~lt '',,4, .- .- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,;-,::-~~§f:.._,®.~~~~~MM~~~M~-G£'®.~,Q{'&f:MM..~MM1X~M~&f:MM~~M!X!;S:«~-<x~~◊-Y. I· I I· ,. I· I· I I· I I· I· I· ,, I· I· I· I· I· I· I· ,. I· I· I· I· I· I· I· I· I· I· I· I· I• State of California County of SAN BERNARDINO On OCT • 3 , 2 0 0 0 bf CLAUDETTE N. MARTIN, NOTARY PUBLIC , e ore me,-------=-~----,,-,--~-...,...,..,....,,,.---' Neme and TIiie or Officer (e.g., • Jane Doe, Notary Public"} Dale personally appeared DWIGHT REILLY------------------------------, Place Notary Seal Above Name(s) or Signer(s} ~ personally known to me □ proved to me on the basis of satisfactory evidence to be the person~) whose name~) is/~~ subscribed to the within instrument and acknowledged lo me that he/sfl»~ executed the same in his/~fflfflw" authorized capacity~~. and that by his/~lf signature(~ on the instrument the person(~. or the entity upon behalf of which the person(K) acted, executed the instrument. WITNESS my hand and official seal. ~ fZ' tnadin Signature or Notary Public CLAUDETTE N. MARTIN 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: __ P_A_Y_M_E_N_T __ B_O_N_D _________________ _ Document Date: _o_C_T_O_B_E_R __ 3_,_2_0_0_0 _______ Number of Pages: ___ 2 ___ _ Signer(s) Other Than Named Above: _N_O_N_E ____________________ _ Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY------------------------ □ Individual D Corporate Officer -Title(s): D Partner -D Limited D General ~ Attorney in Fact D Trustee D Guardian or Conservator D Other: __________________________ _ RIGHT THUMBPRINT OF SIGNER Top of lhumb here Signer Is Representing: _G_U_L_F_I_N_S_U_RA_N_C_E_C_O_M_P_A_N_Y ________ ~----~ ·I I ., ·I ·I ·I ·I ·I ., ·I ·I I ·I ·I ·I ·I ·I ·I Q,><;;~.-~·~;p<;)~CC<~~~~~~oo~~~~~~~~~~~~~~~~~~~~~~~cx:x~~~~~~-:x:X··, © 1997 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 GULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY -ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER . llTH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN JRIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by tt1e Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of Augu1t, 1993, to wit "RESOLVED, that tt1e President, Executive Vice President or any Senior Vice President 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; and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President. or any Executive Vice President. or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board at Directors. RESOLVED, that nothing in thi, 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 Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President. 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 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 they are attached. ' Gulf Insurance Company does hereby make, constitute and appoint DWIGHT REILLY HJ DUECK BOND NUMBER BE2653000 NAME, ADDRESS PRINCIPAL: CITY, STATE, ZIP H. B. COVEY, INC. 350 COMMERCIAL STREET POMONA, CA 91767 EFFECTIVE DATE OCTOBER 3 1 2000 CONTRACT AMOUNT $222,193.00 BOND AMOUNT $222,193.00 '\ ' its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any ,-'nd all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such onds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed three million (3,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. STATE OF NEWYORK COUNTY OF KINGS } ss GU~SURANCECOMPANY ~P.~ Lawrence P. Miniter Executive Vice President On this 28th day of July, 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf 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 instruments 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. STATE OF NEWYORK } SS COUNTY OF NEWYORK u~Ja~ Notary Public, State of New York No. 02JA4958634 Qualified in Kings County Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. -Signed and Sealed at the City of New York. 8023-BE (7 /2000) Dated the _;~;-r~.,(~oOO Geor_ge Biancardi Senior Vice President ,- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I· State of California County of Au 4::J-e1tv On /IJ / ;.j /It{) I i Date , before me, ---U-'..--l-'~LJ.e'JLL.LLL..¥-~L.C.~'4'-L.l!.'..L(.a...rz.t....---1--L."'---J~.-!J4... ~ !'I'!'\ /J./ 6' !f ~,e and Ti le of Officer (e.g., "Jane Doe, Not personally appeared -~~-,,_Aa_,,,__,,_.IL.(..~-1-W-l.-l~"'----"--1...L.L,L4-"---"""'/,_ ../) ____________ _ ~ N!;';;t;;;i Signer(s) \····································••: Z .• , •. ~.:. . ROBERTA P. ESTRADA z S l , COMM. #1271197 S p · •4 " NOTARY PUBLIC-CALIFORNIA l : ~,. '4' " LOSANGELESCOUNTY p • ""G'~V My Comm. 1:Jcptr81Juty20, 2004 1 ....................................... : Place Notary Seal Above ){ personally known to me □ proved to me on the basis of satisfactory evidence to be the person~ whose name(-'> is/~ subscribed to the within instrument and acknowledged to me that he/~/t)c{y executed the same in his/j)(r;~r authorized capacity(jk), and that by hisWl)l4lr signature()P) on the instrument the person(.-), or the entity upon behalf of which the person~ acted, executed the instrument. 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 4. · / / /J ;_ LJ._ 1 \ Title or Type of Document: \.. ~U:Ch jceA~t!,f.)ct:31nt)(_,) Document Date: J ol..3 /.at) Number of Pages: -~/ ____ _ ~-7 r \ Signer(s) Other Than Named Above: ____ '7lnu),___~~--· _____________ _ Capacity(ies) Claimed by Signer Signer's Name: ________ _.,,,=-==--=---=--_,___.~.,..,_JLL_.L.._...,_,""""""'""'------- □ Individual ~ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact □ □ RIGHT THUMBPRINT OF SIGNER Top of thumb here I •I •I •I •I •I I •I •I I ·I •I -'I ,J -'.1 © 1999 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationatnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and ~ \ k whose address is hereinafter called ---------------------------- "Contractor" and whose address is ---------------------- hereinafter ------------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Northeast, Southeast & Southwest Pedestrian Ramp Improvements, Contract No. 3523-5 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. {\ • ., 5/10/00 Contract No. 3523-5 Page 38 of 7 4 Pages r 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 ____ 'tJ--t\__...k-=........,_ __ _ Name ----------------- Signature ______________ _ Address ---------------- For Contractor: Title ----------------- Name ----------------- Signature ______________ _ Address _______________ _ For Escrow Agent: Title ----------------- Name ----------------- Signature ______________ _ Address ---------------- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. I\ • .., 5/10/00 Contract No. 3523-5 Page 39 of 7 4 Pages r IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title __ _....0 ____ \_k __ Name ________________ _ Signature ______________ _ Address ---------------- For Contractor: Title ----------------- Name ----------------- Signature ______________ _ Address ---------------- For Escrow Agent: Title Name ________________ _ Signature ______________ _ Address ---------------- ~ Q 5/10/00 Contract No. 3523-5 Page 40 of 7 4 Pages SUPPLEMENTAL PROVISIONS FOR NORTHEAST, SOUTHEAST & SOUTHWEST PEDESTRIAN RAMP IMPROVEMENTS CONTRACT NO. 3523-5 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. 1.-Agency -the City of Carlsbad, California. ~ ~, 5/10/00 Contract No. 3523-5 Page 41 of 7 4 Pages ,--. ( City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board -persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer -the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item -a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ·own organization• means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor -Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. 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. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ........................................ Apartment and Apartments Bldg ........................................ Building band Buildings CMWD .................................... Carlsbad Municipal Water District CSSD ..................................... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm ..................................... Commercial DR .......................................... Dimension Ratio E ............................................. Electric G ............................................. Gas gal... ........................................ Gallon and Gallons Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible gpm ........................................ gallons per minute ft ~, 5/10/00 Contract No. 3523-5 Page 42 of 74 Pages IE ............................................ Invert Elevation LCWD ..................................... Leucadia County Water District MSL. ....................................... Mean Sea Level (see Regional Standard Drawing M-12) MTBM ..................................... Microtunneling Boring Machine NCTD .....•............................... North County Transit Distrct OHE ........................................ Overhead Electric OMWD .................................... Olivenhain Municipal Water District ROW ....................................... Right-of-Way S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD ................................... San Diego Regional Standard Drawing SFM ........................................ Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable VWD ....................................... Vallecitos Water District SECTION 2 --SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 1 O 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,". 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. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). 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. ~ '-1 5/10/00 Contract No. 3523-5 Page 43 of 7 4 Pages The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the 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 AND 1999 supplements 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 Supplemental Provisions section of this contract. The construction plans consist of 14 sheets designated as City of Carlsbad Drawing No. 382-8. 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 most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. l\ • ., 5/10/00 Contract No. 3523-5 Page 44 of 7 4 Pages 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submlttals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) ,.-6) Description of the contents of the submittal. ,- 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: --------------Title: _____________ _ Date: ____________ _ Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. n • ., 5/10/00 Contract No. 3523-5 Page 45 of 7 4 Pages -- 2-9 SURVEYING. 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or 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§§ 8772 and 8773, et seq. of the California Business and Professions Code. 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. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter 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. Add the following section: 2-9.2.1 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 (81// by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Surveyor, the party chief, field crew members and preparer of the field 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 CAL TRANS "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 §§ 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 befor\ubmittal to the County Surveyor and before submittal to the County Recorder. ~ ~, 5/10/00 Contract No. 3523-5 Page 46 of 7 4 Pages Add the following section: 2-9.2.3 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. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Avallablllty of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 -CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. {\ • ., 5/10/00 Contract No. 3523-5 Page 47 of 74 Pages ,r- 3-3 EXTRA WORK. 3-3.2.2 ( c) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, 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. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Dally Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. ~ '-1 5/10/00 Contract No. 3523-5 Page 48 of 7 4 Pages --- "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: --------------Title: _____________ _ Date: ____________ _ Company Name: 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. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. . .---All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ~ ~, 5/10/00 Contract No. 3523-5 Page 49 of 7 4 Pages -- ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 {commencing with Section 10240) of Chapter 1 of Part 2. {b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, {B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the ft ~, 5/10/00 Contract No. 3523-5 Page 50 of 7 4 Pages claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to 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)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 ( commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial 1-arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. I\ • ., 5/10/00 Contract No. 3523-5 Page 51 of 74 Pages _,,,- SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, 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 fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to ~ '-I s,10,00 Contract No. 3523-5 Page 52 of 7 4 Pages ( or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 --PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within ten (10) calendar days after receipt of the "Notice to Proceed". ft ~, 5/10/00 Contract No. 3523-5 Page 53 of 7 4 Pages Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.2 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 therefore. 6-2 PROSECUTION OF WORK. Add the following after the first sentence: The Contractor shall prosecute work so that a maximum of seven (7) calendar days elapse between the removal of existing improvements and the completion of new construction. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the ,--duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within sixty (60) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. ~ ~, 5/10/00 Contract No. 3523-5 Page 54 of 7 4 Pages 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion· to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one ( 1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 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 five hundred ($500) dollars. Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. I\ • ., 5/10/00 Contract No. 3523-5 Page 55 of 7 4 Pages ,,-. r 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. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made 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. 7-8.6 Water Pollution Control. Add the following: The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ, NPDES General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity". 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. I\ • ., 5/10/00 Contract No. 3523-5 Page 56 of 7 4 Pages ,.-- 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. 7-10.3 Street Closures, Detours, Barricades. Modify the second paragraph as follows: After obtaining the Engineer's approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thoroughfare the Contractor shall notify the following: 1) The Engineer...................................................................................... (760) 602-2768 2) Carlsbad Fire Department Dispatch.................................................. (760) 931-2197 3) Carlsbad Police Department Dispatch............................................... (760) 931-2197 4) Carlsbad Traffic Signals Maintenance............................................... (760) 434-2980 5) Carlsbad Traffic Signals Operations.................................................. (760) 434-2980 6) North County Transit District.............................................................. (760) 743-9346 7) Coast Waste Management................................................................ (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. 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 Supplemental 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 ($25.00) 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: 7-10.3.1 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 traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1.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 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6 for materials and section 310-5 et seq. for workmanship. 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 remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled 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 ft '-I 5110100 Contract No. 3523-5 Page 57 of 7 4 Pages - hours may be portable signs. Portable signs shall be removed from the traveled 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 CAL TRANS "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 not less than 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: 7-10.3.2 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 one (1) 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, CAL TRANS "Manual of Traffic Control", 1996 edition and provisions under "Maintaining Traffic" elsewhere in these Supplemental 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 ma~ntain 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. ft ~, 5/10/00 Contract No. 3523-5 Page 58 of 7 4 Pages .- - Add the following section: 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 Supplemental 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 Engineer's written approval of said plan. Add the following section: 7-10.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the "Traffic Manual", 1996 edition published by CAL TRANS. 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 traffic. 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. 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. The level of detail, format, and graphics shall be of quality and size no less than those on "Standard Specifications Reference Traffic Control Plan" Drawing number 368-5. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Engineer and of the "MANUAL OF TRAFFIC CONTROLS", 1996 Edition as published by the State of California Department of Transportation. 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 ~ '-I 5110100 Contract No. 3523-5 Page 59 of 7 4 Pages 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 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 prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. 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 and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" I\ • ., 5/10/00 Contract No. 3523-5 Page 60 of 7 4 Pages ,_. r 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to _the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. 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. " • ., 5/10/00 Contract No. 3523-5 Page 61 of 7 4 Pages 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. ·-Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and.preparatory Work will be included in the various items of work and no other payment will be made. ~ '-I 5110100 Contract No. 3523-5 Page 62 of 74 Pages r r I SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 -ROCK MATERIALS 200-1 ROCK PRODUCTS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be crushed aggregate base (Section 200-2.2}. SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A} Modify as follows: TABLE 201-1.1.2(A) <3> PORTLAND CEMENT CONCRETE Type of Construction Concrete Class All Concrete Used Within the Right-of-Way 330-C-23 (560-C-3250) <1> Trench Backfill Slurry 115-E-3 (190-E-400) Street Light Foundations and Survey Monuments 330-C-23 (560-C-3250) Traffic Signal Foundations 350-C-27 (590-C-3750) Concreted-Rock Erosion Protection 310-C-17 (520-C-2500P} Maximum Slump mm (Inches) (2) 200 {8") 100 (4"} 100 (4"} per Table 300-11.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A} SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2} As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.4 Chemical Admixtures. (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. ~ ~, 5/10/00 Contract No. 3523-5 Page 63 of 7 4 Pages r SECTION 203 -BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR 4000 for surface course, and B-AR 4000 for base course. Asphalt concrete shall be class D2-AR 4000 for surface course over concrete slurry. 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 206 -MISCELLANEOUS METAL ITEMS 206-7 TRAFFIC SIGNS. 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 traffic 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. 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. ~ ~, 5/10/00 Contract No. 3523-5 Page 64 of 7 4 Pages 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 Ill 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. Warning and 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 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: · a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ff )of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. 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 determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. ~ ~, 5/10/00 Contract No. 3523-5 Page 65 of7 4 Pages ,-- - 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 Supplemental 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. Add the following section: 206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS. Add the following section: 206-8.1 General. This Section pertains to 10-gage and 12-gage cold-rolled steel perforated tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish and shall be cold-roll-formed steel conformin§ 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 (7/16") 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 (+0.011", -0.005"). Convexity and concavity measured in the center of the flat side shall not exceed a tolerance of +0.25 mm (+0.010") applied to the specific size determined at the comer. Straightness tolerance variation shall not exceed 1.6 mm in 1 m (1/16" in 3'). Tolerance for corner radius is 4.0mm (5/32"), plus or minus 0.40 mm (1/64"). Weld flash on comer-welded square tubing shall permit 3.60 mm (9/64") radius gage to be placed in the corner. Using 10-gage or 12-gage square tube, consecutive size tubes shall telescope freely for 3.1m (10'). Tolerance on hole size is plus or minus 0.40 mm (1/64") on a size. Tolerance on hole spacing is plus or minus 3.2 mm in 6.1 m (1/8" 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(9). TABLE 206-8.2(A) LIGHT GAGE STEEL TUBING SIZE TOLERANCE Nominal Outside Dimensions Outside Tolerance for All Sides at Corners Mm (inches) mm (inches) 25x25 (1 X 1) 0.13 0.005 32x32 (1 1/,. X 11/,.) 0.15 0.006 38x38 (1 1/? X 11/?) 0.15 0.006 44x44 (1 3/A X 13/A) 0.20 0.008 51 X 51 (2 X 2) 0.20 0.008 56 X 56 (23/,,, X 23/,,,) 0.25 0.010 57x57 (21/A X 21/A) 0.25 0.010 64x64 (21/? X 21/?) 0.25 0.010 51 x76 (2 X 3) 0.25 0.010 ~ ~, 5/10/00 Contract No. 3523-5 Page 66 of 7 4 Pages ( ' TABLE 206-8.2(8) LIGHT GAGE STEEL TUBING SQUARENESS OF SIDES AND TWIST Nominal Outside Dimension Squareness11> Twist Permissible in 900 mm (3") Mm (Inches) mm (Inches) mm<2> (lnches)121 25x25 (1 X 1) 0.15 0.006 1.3 0.050 32x32 (1-¼ X 1-1/,) 0.18 0.007 1.3 0.050 38x38 (1-1/., X 1-1/.,) 0.20 0.009 1.3 0.050 44x44 (1-3/, X 1-3/,) 0.25 0.010 1.6 0.062 51 X 51 (2 X 2) 0.30 0.012 1.6 0.062 56x56 (2-3/,,. X 2-3/ • .,) 0.36 0.014 1.6 0.062 57x57 (2-1/'-X 2-¼) 0.36 1.014 1.6 0.062 64x64 (2-1/., X 2-1/.,) 0.38 0.015 1.9 0.075 51 X 76 (2 X 3) 0.46 0.018 1.9 0.075 <1> Tubing may have its sides failing to be 90 degrees to each other by the tolerance listed. 12> 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 comer on the opposite end of the bottom side is above the surface plate. 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 (3/8") diameter shank, 22 mm (7/8") 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 111 SECTION 210 -PAINT AND PROTECTIVE COATINGS 210-1 PAINT. 210-1.6 Paint for Traffic Striping, Pavement Marking, and Curb Marking. Modify as follows: Paint for traffic lane lines, tum pocket lines, edge lines, channelizing lines, bike lane lines, chevrons, and curbs shall be rapid dry water borne conforming to CAL TRANS Specification No. 8010-91 D-30. Paint for pavement legends, pavement symbols, pavement arrows, cross walks, parking stall markings and stop bars shall be alkyd thermoplastic conforming to CAL TRANS Specification No. 8010-21C-19. 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 CAL TRANS Specification No. 8010-21 C-22 (Type II). CAL TRANS Specifications for water borne paint, thermoplastic material and glass beads may be obtained from the CALTRANS Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819, telephone number (916) 227-7000. SECTION 212 -LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS. Add the following section: 212-1.8 Root Barriers. Root barriers shall be no less than 1 m (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. {\ • ., 5/10/00 Contract No. 3523-5 Page 67 of 74 Pages r Section PART3 Section 300 300-1 300-2 300-4 Section 301 301-1 Section 302 302-5 Section 303 303-5 r· Section 308 308-4 Section 310 310-5 Section 313 313-2 313-4 ~ "t.J 5/10/00 Description TABLE OF CONTENTS PART3 ofthe SPECIAL PROVISIONS Supplemental Provisions To Standard Specifications For Public Works Construction Part 3, Construction Methods.............................................. 69 Earthwork . . . . ... . ... . . . . .... .. ... . ... . .. . .... ..... .. ....... ...... ... .. ........ ... . ... .. . . ... . . ... . . .. . . . ... 69 Clearing And Grubbing ............................................................................. 69 Unclassified Excavation ... . .. .. . . . . .... .. .... .... .. . ... .. . ... .. . ....... ... . . .. . . .. . .. ... .. . . . .. .. .. 70 Unclassified Fill.......................................................................................... 70 Treated Soil, Subgrade Preparation And Placement Of Base Materials Subgrade Preparation............................................................................... 71 Roadway Surfacing Asphalt Concrete Pavement ..................................................................... 71 Concrete And Masonry Construction. Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways................................................................ 72 Landscape And Irrigation Installation Planting...................................................................................................... 72 Painting Painting Various Surfaces ........................................................................ 73 Temporary Traffic Control Devices Temporary Traffic Signing ........................................................................ 74 Measurement and Payment...................................................................... 7 4 Contract No. 3523-5 Page 68 of 7 4 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 -EARTHWORK 300-1 CLEARING AND GRUBBING. 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 . . -Delete subsection 300-1.3.1 and replace with the following: r-,, 300-1.3.1 General. Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing abandoned underground pipes and conduits, traffic signs, and other existing features which interfere with the roadwork, whether or not such items are called out in the plans or in the specifications for removal. Tree removal shall include removing the tree stump and roots greater than 0.1' in diameter to a depth of 21" below grade for curb. All concrete and bituminous materials removed shall be disposed of at a legally permitted landfill or recycling site. Delete subsection 300-1.3.2(a) and replace with the following: 300-1.3.2(a) Bituminous Pavement. Bituminous pavement shall be removed to straight, sawcut lines. Unless otherwise shown on the plans, A.C. shall be sawcut a minimum of 12" from the lip of gutter and removed where curb and gutter or cross gutter is designated to be removed and replaced. Delete subsection 300-1.3.2(c) and replace with the following: 300-1.3.2(c) Concrete Curb. Walk. Butters. Cross-Gutters. Driveways and Alley Intersections. Concrete curb, curb and gutter, and sidewalk shall be removed between the limits shown on the plans which shall coincide with the nearest existing weakened plane joint or score line or as directed by the Engineer. The joint shall be sawed if necessary before removing concrete to prevent damage to adjacent improvements. If the adjacent curb, curb and gutter or sidewalk is damaged during the removal process, it shall be removed to the nearest joint outside the damaged area and replaced at the Contractor's expense. ~ ~, 5/10/00 Contract No. 3523-5 Page 69 of 7 4 Pages Delete subsection 300-1.4 and replace with the following: 300-1.4 Payment. Payment for clearing and grubbing, including sawcutting curb, curb and gutter, sidewalk, and A.C. paving, removing and disposing of same shall be included in the contract unit price bid for pedestrian ramp construction. Payment for traffic control necessary for sawcutting and removals shall be incidental to the work and no additional compensation shall be allowed therefor. 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 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, wetland mitigation grading and attendant work, 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. 300-2.9 Payment. Substitute the following: Unclassified excavation is considered incidental to the construction of surface improvements, and no additional payment will be made. 300-4 UNCLASSIFIED FILL 300-4.2 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 by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. 300-4.6 Application of Water. add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4. 7 Compaction. add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes. add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment. delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" is considered incidental to the construction of surface improvements. " • ., 5/10/00 Contract No. 3523-5 Page 70 of 7 4 Pages SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact 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 to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 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. SECTION 302 -ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT. 302-5.1 General. add the following: The Contractor shall treat all vegetation within the limits of the paved area to receive asphalt concrete paving with a post emergent herbicide. Herbicide shall be applied at least 2 (two) working days prior to paving the area. Allowance for the two day period shall be shown in the schedule required per section 6-1. 302-5.2.5 Pavement Transitions. add the following: The Contractor shall ramp the approaches and termini to all structures and vertical joints in the cold-milled area which are transverse to through traffic with temporary asphalt concrete pavement as specified in section 306-1.5.1. 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. 302-5.4 Tack Coat. add the following: The Contractor shall place a tack coat 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. Add the following: Asphaltic concrete overlay shall only be applied when existing pavement is clean and dry. Contractor shall remove any weeds or organic matter prior to application of new A.C. overlay. The Contractor shall not be required to use a self-propelled spreading machine when placing A.C. in the slot adjacent to new curb or new curb and gutter. In these areas, the A.C. shall be placed and compacted to the density specified in subsection 302-5.6.2. Compacted A.C. shall be· no higher than 6 mm (1/4 in.) above the lip of gutter. The Contractor shall grind, at its expense, A.C. not placed in the correct elevation. l' • ., 5/10/00 Contract No. 3523-5 Page 71 of 74 Pages 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 otherwise directed by the Engineer. Modify as follows: After last paragraph, add: Unless directed otherwise 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: Except for the Jefferson/Carol intersection, payment for asphalt concrete including application of tack coat shall be included in and incidental to the bid item for construction of pedestrian curb ramps, and no additional payment will be made therefor. SECTION 303 --CONCRETE AND MASONRY CONSTRUCTION. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. Add the following section: 303-5.5.5 Alley Intersections, Access Ramps, and Driveways. Add the following: Pedestrian curb ramps shall be constructed per the San Diego Regional Standard Drawing indicated on the Plans, modified where indicated according to detail on the Plans. Transition from ramps to walks, gutters, or streets shall be flush and free of abrupt vertical changes in excess of ½ of an inch. Contractor shall ensure that pedestrian curb ramps finish shall be free of any form of graffiti . . .-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 308 -LANDSCAPE AND IRRIGATION INSTALLATION 308-4 PLANTING. Add the following section: 308-4.5.1 Root Barriers. Root barriers shall conform to section 212-1.8, Root Barriers. The Contractor shall install root barriers continuously at the edges of all median planter areas. The top of the root barrier shall be 25 mm (1 ") below the finish grade of the planted area. The bottom of the root barrier shall be installed 520 mm (201//) 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. Splices and repair patches shall be stitched to the root barrier material by a running stitch of no less than 6 o 1 stitches per 25 mm (1"). (\ • ., 5/10/00 Contract No. 3523-5 Page 72 of 7 4 Pages SECTION 310 -PAINTING 310-5 PAINTING VARIOUS SURFACES. 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 traffic 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. 310-5.6.3 Equipment. Modify the ninth paragraph as follows: The Contractor shall provide a grinding machine with sufficient capacity to completely remove all existing or temporary traffic striping or markings that may be confusing to the public. The surface produced by the grinding the existing or temporary traffic striping or markings on pavement shall not exceed variations from a uniform plane more than 3 mm {1/8") in 3 m (10') when measured parallel to the centerline of the street or more than 6 mm (1//} in 3 m (10') when measured perpendicular to the centerline of the street. This machine shall meet all requirements of the air pollution control district having jurisdiction. Removal of striping by high velocity water jet may be permitted when approved by the Engineer. 310-5.6.6 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 (0.1 0') thick asphalt concrete overlay is not permitted. 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 string line or other method to provide striping that will vary less than 80mm per 1 00m ( 1 /2 inch in 50 feet) from the specified alignment. Straight stripes deviating more than 80mm per 100mm (1/2 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. 310-5.6.8 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. Ten days shall elapse between the application of a bituminous seal coat and the permanent traffic marking. The paint shall not bleed, curl or discolor when applied to bituminous surfaces. If bleeding or discoloring occurs, the unsatisfactory areas shall be given an additional coat of paint. This additional painting will be paid for as work incidental to the preparation of final and temporary pavement striping and marking shall be applied in two coats, a minimum of seven days apart, and all streets shall include raised pavement markers. Paint end of median noses yellow. l\ • ., 5/10/00 Contract No. 3523-5 Page 73 of 7 4 Pages 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 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. SECTION 313 -TEMPORARY TRAFFIC CONTROL DEVICES Add the following section: 313-2 TEMPORARY TRAFFIC SIGNING. Add the following section: 313-2.1 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: 313-2.2 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 of such marking being discovered during non-working hours or, when the marking is discovered during working hours, within 2 hours of such discovery of marking. Add the following section: 313-4 MEASUREMENT AND PAYMENT. Temporary signing is considered incidental to the construction of surface improvements, and no additional payment will be made. ~ ~, 5/10/00 Contract No. 3523-5 Page 7 4 of 7 4 Pages ,-- MODIFICATIONS TO SAN DIEGO REGIONAL STANDARD DRAWINGS The Standard Drawings for the City of Carlsbad shall be comprised of the current edition of the San Diego Area Regional Standard Drawings (SDRSD) as published by the San Diego Department of Transportation and as modified by the additions and substitutions listed below and the City of Carlsbad Supplemental Standards attached hereto. Modifications to the San Diego Area Regional Standard Drawings Concrete requirement within public right-of-way shall . be 560-C-3250 minimum for all improvements. D-2 Enlarge curb inlet top to width of sidewalk (not to exceed 5'6") by length of inlet including wings. Existing reinforcing steel shall be extended across enlarged top to clear distances shown. D-20 Delete. D-27 D-40 D-70 D-71 D-75 E-1 G-3 G-5 G-6 G-11 G-12 Add: A maximum of three (3) combined outlets in lieu of Std. 0-25. Add: "T'' dimension shall be a minimum of three (3) times size of rip rap. Minimum bottom width shall be 6' to facilitate cleaning. Minimum bottom width shall be 6' to facilitate cleaning. Delete ''Type-A" Add: 6" x 6" x #10 x #1 O welded wire m~sh, instead of stucco netting. Delete direct burial foundation. Add: The light standard shall be prestressed concrete round pole. Delete. Add: Note 4. Tack coat shall be applied between dike and existing asphalt concrete surface as specified in Section 302-5.4 SSPWC. Type 8-1 and B-2 curb heights shall be 8 inches with 2:1 batter. Add: Remove curb/gutter and sidewalk from score-mark to score-mark or from joint-to-joint or approved combination. Add: smooth trowel flow line (typical) 7-1/2" thick. G-13 Add: smooth trowel flow line (typical). 35 ~EV. Roll Down Curb Face Drivewa Width Onsite Curb Unless Joining'\ (24' Minimum)• (Typical) ._,,._. __ ----41t1-----e..--r- 6" P.C.C Curb ;.,, ----Sidewalk Romp---- (No Lip) (a) 6.0 Ft. for 5.0 Ft. Sidewalk (b) 8.0 Ft. for 6.0 Ft. Sidewalk ( or greater) 1.5' 1 ;2• Radius ... ~ Cl) -C ::, ·-(.!) _j TYPICAL PLAN Vories 7 1/2 •. P.C.C. I >.I ii.! e,-' ll.1 I 20' CENTERLINE X-SECTION NOTES= Vories Vertical Face Curb (Height Varies) See Note 1 6 Ft. and 8 Ft., See Note 4 4• A.C. (Minimum) 4• AGG Bose (Minimum) 1. The romp shall hove o 12" wide border with 1 / 4 N deep score lines and 1 ;a• radius. The spacing shall be approximately 3/4" O.C. 2. • = Elevation shown on plans ( top of curb, and gutter elevation). 3. All concrete shall be 560-C-3250 4. Transition from full height curb to no curb. * or as required by the City Engineer APPROVED DATE CITY OF CARLSBAD ALLEY-TYPE DRIVEWAY -r ,; ~ '1·7,r,J/3 I Cl y ~GINEER DATE SUPPLEMENTAL GS-20 STANDARD NO. 6" 2" Weakened Plana Joint 1 1 /2" except wllera elevations shown indicate otherwise. \ ·•· ::a":._-:·., ..• ··· 1/2' R •··: if \. ··,:.· .. ·. -----~··~·.: .........._ ____ -----~--! ;.. ·• ... . . ... . , .... •••••I ...... • ..... ~\ o O •:•I .. / 10 :.· ••• w TYPE G & H CURB ,6" ~ • . .... :-.:: .;-~-: .... · .I TYPE G H ~ 1/2" w *AREA . SQ. FT. 24" 1.34 30" 1.61 • with 6" Curb Face NOTES: 1. Concr111 shall be 520-C-2500. 2. S• Standard Drawing G-10 for joint details. 3. Slope top of curb 1/4" per foot toward street. RECOMMHIOED IY THE SAN DIEGO HGIONAl STANDARDS COMMITTEE t!L/t? ~ "1'".£C. ms Ce•-• R.C.E. 191117 D• DRAWING NUMBER G-2 SAN DIEGO REGIONAL STANDARD DRAWING CURB AND GUTTER -COMBINED LEGEND ON PLANS Revision Cone. Nott 3 =~.....__3• ~-3• I-, , .. •1 TYPE A-SECTION ~ 6" r- ~ :I: I· 2H + 6" • I TYPE C-SECTlON a = CXJ Height 6 .. , 8", or 9 .. as indicated on plans 4" I-1.:r· -I TYPE a-SECTION TYPE 0-SECTION 1 · -8" 4'' R=1" '<t '--'-...,_"'"""",__.......,__._.,g,,.......,1 _ _,,,,,. Level I z,•-2· IT .___ -------i• N TYPE E-SECTlON Slope end of dike 1: 1 when not joining other. improvements ALL TYPES -SIDE VIEW NOTES: 1. Dike is to be placed on a minimum 2" of A.C. road surfacing, extending throughout the width of the dike. 2. AR-8000 grade asphalt to be used for all dikes. TYr'E F-SECTION APPROX. DIKE QUANTITIES TYPE TONS/UN. FT. A 0.0250 B 0.0375 C-6" 0.0375 C-8" 0.0583 C-9" 0.0702 D 0.0062 E 0.0194 F 0.0452 3. A.C. dikes may be shaped and compacted with an extrusion machine or other equipment capable of shaping ond compacting the material to the required cross section. Revision By Date SAN DIEGO REGIONAL STANDARD DRAWING DIKES -ASPHALT CONCRETE LEGEND ON PLANS Type A Dike RECOMMENDED l'I' THE SAN OIEGO REGIONAL STANOAROS COMMITTEE DRAWING G 5 NUMBER • ,-- varies Width as shown on plan Wakened PIMI Joint I I r--------------J I I I I I I I I I ~------I ----------------.! NON-CONTIGUOUS Width as shown on plan 1/2" R -1/4" per ft. ~ ---- Wuktned Plane Joint CONTIGUOUS NOTES 1. Concrete shall be 520-C-2500. 2. See Standard Drawing G-9 and G-10 for joint details. SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK -TYPICAL SECTIONS 1/r' R LEGEND ON PLANS :1.•:::-· .:•:,'a:.-..... lllCOMMEIIDlD IY TIil SAN DIEGO REGIONAL STANDAIIDS COMMITTEE tllt,./,? 1;,.,1..,/ ~u;. 1115 C:W--• 11.c.E. IN07 0... DRAWING NUMBER G-7 r- Mid Point of Curb Return .. . .· : .. ·.... . ·. ·.· . . . . r . . · ... : .'.· I : .'·-: ~' .-.-.:.\:· .·. // -:::\·~:~F//:-:::-~/{. _: .. ·::"-;-:::: -:· ··.:.: .. P.C.R. • . -····•: ... -----·+ .. : ~: + I ... . .. : ..... •· NOTES 1. Expansion Joints ---at curb returns, adjacent to structures and at 45' intervals. (See Standard Drawing G-10). 2. Weakened Plane Joints ---at mid point of curb return, when required, and at 15' intervals from P.C.R.'s (See Standard Drawing G· 10). 3. 1/4" grooves -with 1/4" radius edg15 at 5' intervals. Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING Note 4 711.e,. 5-1¼ SIDEWALK JOINT LOCATIONS AECDMIIENDEO IV THE SAN DIEGO REGIONAL STANDARDS COMMITTEE (1,a../,,;-(~,r ,<J-u;, /~75 Coord,11110, R.C.E 19807 D,re DRAWING NUMBER G-9 r r· .·- DRAWING NUMBER . • pansion Joint Filler Material ~ 1/8• R t • • .. .. L 1 /2.(Pavement) 3/a· (Sidewalk) EXPANSION JOINT • ~ -Preformed Joint filler 6 ,. • • N 1;4• .. WEAKENED PLANE JOINT GUTTER AND PAVEMENT -I . J_ T ,. 1/8• R • 1 ;2· x 24• Smooth, Greased or Oiled Bar, 30• c.c. CONTACT JOINT • N WEAKENED PLANE JOINT CURB ANO SIDEWALK 5/8" KEYED JOINT G-10 CONCRETE JOINT DETAILS - X y z CT Curb Ramp Side Curb Height length Slope Transition I" o· -6" I'. 6" o· · O" 2" I'. 6" I' . 6" O' · O" 3" 2' · 6" 1'. 8" o· · O" 4" 3' · 6" 2' · 4" o· · O" S" 4' · 6" 3' · O" o· · O" 6" s· -6" 3' · O" O' • O" 7" s· -6" 3' · O" I'. O" 8" s· -6" 3' · O" 2' · O" CONSTRUCTION NOTES I. Set false header for back of ramp at curb height above guner grade to maximum 6". 2. Where shown on the plans. construct monolithic curb for retention of street drainage or to meet adjacent improvements. Top of curb TYPE B 12"wide border with ¼" grooves approx. ¾" O.C. /'1 Curb if / I specified TYPE A Sae note 1 SECTION A-A NOTE Prop. line=:::-,.._ A y See Standard Drawing G-32 for general notes. Revision By Approved Date Notes I.U. SAN DIEGO REGIONAL STANDARD DRAWING PEDESTRIAN RAMP TYPES A AND B NEW CONSTRUCTION RECOMMENDED BY THE SAN OIEGD REGIONAL STANDARDS COMMITHE c:::m 'n,~ _:] 4-trl' Coo•d•nilo• R C.E C2113l D•tt DRAWING G-27 NUMBER 1, .... ! 4' Londing---+.-,......;;.~~...di ....... ··· .... · .... · · .. ·--:.. ·-~ ·, .. ~ .. See Note 1 1Z' Wide Top of Curb New or Exist. I• Z or 21 1 • . , .. ·,'··.•,. ......... :···•:: 4' '--A PLAN VIEW 4' ': ~ .. ~: :: ::./. ,·:. ;: :·<-~ . --: ... :~ .. :·"'.. -:-· .. , ....... ··. . . ELEVATION y . ..... · .. ....... ·;.: ... . ,:· ... >, .................... · C :;::: II) ·x LIJ X Up of Gutter Top of Curb Gutter Line c-i-------.,f....-----------------1 :;::: Landing X CURB HEIGHT 1" 2" 3" 4" 5" 6" 7" 8" ORAVt1NG NUMBER -~ See Note 1 . LIJ 2,; max . . ,,. . ' .... · TABLE A y z RAMP SIDE LENGTH SLOPE ( 12: 1) (8: 1) 0'-6" 1'-6" 1'-6" 1'-6" 2'-6" 1 '-8" 3'-6" 2'-4" 4'-6" 3'-0" 5'-6" 3'-8" 6'-6" 4'-4" 7'-6" 5'-0" G-28 12 • • • • • ,JI> ••• 'I>: ' . JI, SECTION A-A z, SIDE SLOPE (12: 1) 1 '-6" 1'-6" 2'-6" 3'-6" 4'-6" 5'-6" 6'-6" 7'-6" 5,; max. apron slope See Detail-B NOTES Std. Dwg. G-32 1 . If inadequate R/W exists to provide 4' landing, side slopes shall be increased to 12: 1 per side slope ·21• in Tobie A. Landing shall be 3' minimum in all other cases. 2. See Standard Drawing G-32 for general notes. 3. Type A-1 is a designation for ramp at curb return. 4. Type B-1 is a designation for ramp at straight curb. ----12" wide border with ¼" grooves approx. %" O.C. Standard sidewalk finish r--i 4' landing (Min.) Retaining curb or wall 6" • • ':-,.. • ~ ....... ". • .,ii !, ·•-1.,"1.J':-................. ◄-: ' __ :· ... ~ SECTION A-A NOTES t. Type C ramps are only to be used to mitigate existing conditions where inadequate right of way exists lo use standard drawing G-27. G-28 or G-30 and are not 10 be used in new construction. 2. See Standard Drawing G-32 for general notes. x· Curb Height 4" 5" 6" 7" 8" 9" 10" t 1" 12" 13" SAN DIEGO REGIONAL STANDARD DRAWING PEDESTRIAN RAMP TYPE C y• Ramp Length 1' · 6" 2' · 6" 3' · 6" 4' · 6" 5' · 6" 6' · 6" 7' · 6" 8' · 6" g•. 6" 10' · 6" RECOMMEt;OEO SY lHE SAN DIEGO REGIONAL SlANOAROS COMMITTEE Crn::0,~ :) 4-ZS-I' Coo1d, .. 1or R C E Cl I I 33 Q.,. DRAWING G-29 NUMBER ,,-, ' r of 17 wi:~ M~:~d~: nd ing ---ir..;.,;.;~.;:_.,.\\ >_=:::: ,_:-:>·: r ·:. \~.:: i:-'::: i >-:' ::. _:;'·; .. ::_, with 1 / 4• grooves approx. 3/4• O.C. Meet existing Curb & Gutter Meet existing_ sidewalk ----. Exist. Top of Curb Existing Gutter CT I. ·: ~ .. ·. .·:.' .·. ·•. -· 4' . I l-A PLAN YJEW . . ... :: .... · .... ·••' Z 4' ELEVATED YJEW y . . . . . . ... ~-. . . -:, ._· , .:· .. •••••• ,·••.l ... CT Meet existing sidewalk Design Curb Height Meet Existing 5X max. apron slope 12 2% . . . . ' . • . . , • X. . . ,,. , • ... • . . . .,.: .. • .. TABLE A X y z DESIGN RAMP SIDE CURB LENGTH SLOPE HEIGHT -( 12: 1) (8:1) 1-O'-Ep 1'-6" r 1'-f .. 1 '-6" 3" 2'-E-1 '-8" 4• 3•-1-2'-4" 5-4'--3'-0" 15' 5'--3'-B"" T 6'--4'-4" B"' 7'--5'-0"' DRAWING G 30 NUMBER - Design Curb Height CT CURB TRANS. ;;;- 0 z ~ w w Ill ..., (.,'Co,, 5 0" -\' EY f.4'' SECTION A-A NOTES See Detail-8 Std. Dwg. G-32 1. See Standard Drawing G-32 for general notes. 2. X= Design Curb Height as shown on plans. 3. Curb transition (CT} shall be 1 '-(j for each one inch difference between existing curb height and design curb height. SAN DIEGO REGIONAL STANDARD DRAWING ADA Rgmt t>~ PEDESTRIAN RAMP TYPE C-1 For Existin Sidewalk Dote - X CURB HEIGHT 1.0" 1.5" 2.0" 2.5" 3.0" .3.5" 4.0" 4.5" 5.0" 5.s·· 6.0" s.s·· 7.0" 7.5" 8.0" NOTE 4'(min.) y RAMP LENGTH (12:1) 1 '-6" 1'-6" 1 '-6" 2'-0" 2'-6" 3'-0" 3'-6" 4'-0" 4'-6" 5'-0" 5'-6" 6'-0" 6'-6" 7'-0" 7'-6" z SIDE SLOPE (8:1) 1'-6" 1 '-6" 1 '-6" 1'-6" 1 '-8" 2•-0" 2'-4" 2'-8" 3'-0" 3'-4" 3'-8" 4'-0" 4'-4" 4'-8" 5'-0" s,: Mox. Apron Slope See Detail-8 Std. Owg. G-32 ___ R..._/W_ < Street TYPICAL PLAN PLAN \IIEW y Existing Non- contiguous Sidewalk Property side •r dimension and/or grooves may be eliminated by the Engineer and replaced by a retaining curb flush with existing ground and sidewalk. A _j 1 t° wide border with 1 / 4• grooves approx. 3/4 " O.C .. 1 2• Wide Border Meet existing sidewalk. See Standard Drawing G-32 for general notes. SECTION A-A Date SAN DIEGO REGIONAL STANDARD DRAWING RECOMMENDED BY THE SAN DIEGO R Al ST~"JIIQb COMMITTE J.=::.:.:!!:.:.::µ,l!:µ~i._¥,..:1.L+-----------------1 --~5 PEDESTRIAN RAMP lYPE D DRAWING NUMBER G-31 ,,-. I 1. The removal of existing concrete curb, gutter, sidewalk and pavement for pedestrian ramp installation shall comply with Standard Drawing G-11. 2. Areas shown thus: ~ shall have a heavy broom "ripple" texture finish, transverse to axis of romp contrasting visually with adjoining surfaces. 3. Areas shown thus: I I are the minimum required for a complete romp installation and shall be concrete class 520-C-2500. 4. If obstructions such as inlets, utility poles, fire hydrants, etc., are encountered, the romp locations may be adjusted upon the approval of the Resident Engineer. 5. Romp slope shall be a minimum grade of 15: 1 . 6. The ramp slopes will be measured relative to the sidewalk slope, see Detail A below. Adjoining slope beyond romp shall not exceed 20: 1 (5%). Sidewalk ' ,. ' DRAYflNG G 32 NUMBER - X ---======::=iv Slope = X:Y Where X is level plane Line of Curb .. ·"". ,'o,'. 'I>,,· •• I/,,·. DETAIL A .:,(_ o-~ ·- Cl) .5 "O ..J in Remove & reconstruct pavement as shown on plans to provide 5" max. slope within 4' of sidewalk limit. DETAIL B Dote