HomeMy WebLinkAboutNicholas Grant Corporation-CCAC/JV; 1999-04-14; 36671-Btp: l)b 4
1992 acY 113 1939 10:
I rnICIkt RECOP38 Recording requested by: )
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CITY OF CARLSBAD 1
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When recorded mail to: 1
kY DSECltI CCUMTY EGBRDW'S OR1 GEbEsRf J. SHIM, COLttVi' RE#F:D[
City City 1200 of Clerk Carlsbad Carlsbad Village Dr. ) 1 1 ) I~~~l~l~I~~l~~~~Se 1999-0685250
Carlsbad, CA 92008
Space above this line for Recorder's
NOTICE OF COMPLETION fl & r- Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property
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
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 o
1999.
6. The name of the contractor, if any, for such work of improvement is Nich
Corporation.
7. The property on which said work of improvement was completed is in the City o
County of San Diego, State of California, and is described as the La Gran Via Rt
Reconstruction Project, Project No. 36671 -B.
8. The address of said property is within the limits of the City of Carlsbad.
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VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive
California, 92008; the City Council of said City on October 5, , 1999, ac
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 October 7 , 1999, at Carlsbad, California.
CITY OF CARLSBAD
City Clerk
EXHIBIT
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FOR I
THE LA GRAN VIA REMOVAI I
I AND RECONSTRUCTION PROJE
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CITY OF CARLSBAD I*
I San Diego County
California
CONTRACT DOCUMENTS AND SPEC
PROVISIONS
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CONTRACT NO. 36671-B
August 4,1998
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\$7/l7/98 Contract No. 36671-B Page 1 of 68
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THE LA GRAN VIA REMOVAL 1
I AND RECONSTRUCTION PROJE I
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CITY OF CARLSBAD I*
I San Diego County
California
CONTRACT DOCUMENTS AND SPEC1
PROVISIONS
FOR e
CONTRACT NO. 36671-B
August 4,1998
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t?7/17/98 Contract No. 36671-B Page 1 of 68F
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TABLE OF CONTENTS ltem - Pi
NOTICE INVITING BIDS .........................................................................................................
CONTRACTORS PROPOSAL
BID SECURITY FORM
BIDDER’S BOND TO ACCOMPANY PROPOSAL ...................................................................
GUIDELINES FOR COMPLETING THE “DESIGNATION OF SUBCONTRACTOR AMOUNT
OF SUBCONTRACTOR’S BID” AND “DESIGNATION OF OWNER OPERATOWLESSOR &
AMOUNT OF OWNER OPERATOFULESSOR WORK FORMS ........................................
DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID ..........
DESIGNATION OF OWNER OPERATOFULESSOR &AMOUNT OF OWNER
OPERATOWLESSOR WORK
BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY ....t.............................................
BIDDERS STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ...............................
BIDDERS CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION ...........................
BIDDER S STATEMENT OF RE-DEBARMENT
BIDDERS DISCLOSURE OF DISCIPLINE RECORD ...................................................
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
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BY BIDDER AND SUBMITTED WITH BID ...............................................................................
CONTRACT PUBLIC WORKS ....................................................................................
LABOR AND MATERIALS BOND ...........................................................................................
FAITHFUL PERFORMANCWARRANTY BOND ..................................................................
REPRESENTATION AND CERTIFICATION
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION (OPTIONAL)
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SPECIAL PROVlSlO N S
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION PART 1, GENERAL PROVISIONS ............................................................
SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS .............
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SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WOR
CONSTRUCTION PART 3, CONSTRUCTION METHODS ................. ... ........ ... ... .... ... .. ...... .. . I.
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbac
Drive, Carlsbad, California 92008-1989, until 2:OO p.m. on the 1’‘ day of October, 1998,
time they will be opened and read, for performing the work as follows:
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THE LA GRAN VIA REMOVAL AND RECONSTRUCTION PROJECT
CONTRACT NO. 36671-8
The work shall be performed in strict conformity with the specifications as approved by
Council of the City of Carlsbad on file with the Engineering Department. The specification
work include the Standard Specifications for Public Works Construction (1997 Edition, and 1
supplements thereto), all hereinafter designated “SSPWC” as issued by the Southern C
Chapter of the American Public Works Association and as amended by the special pi
sections of this contract. Reference is hereby made to the specifications for full particu
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 COI
to utilize recycled and recyclable materials when available, appropriate and approved
Engineer.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in biddi
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisc
the State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Pu
Department. Each bid must be accompanied by security in a form and amount required
The bidder’s security of the second and third next lowest responsive bidders may be witht
the Contract has been fully executed. The security submitted by all other unsuccessful bidd
be returned to them, or deemed void, within ten (IO) days after the Contract is awarded. 1
to the provisions of law (Public Contract Code section 10263), appropriate securities
substituted for any obligation required by this notice or for any monies withheld by the City ti
performance under this Contract. section 10263 of the Public Contract Code requires m
securities to be deposited with the City or a state or federally chartered bank in Californi
escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omi!
the agent in connection with the handling of retentions under this section in an amount not I
$1 00,000 per contract.
The documents which comprise the Bidder’s proposal and that must be completed,
executed and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond
4. Designation of Subcontractors
and Amount of Subcontractor Bid
5. Designation of Owner OperatorlLessors &
Amount of Owner Operator/Lessor Work
6. Bidder's Statement of Financial Responsibility Security)
7. Bidder's Statement of Technical Ability
8. Certificate of Insurance
9. Bidder' s Statement Re Debarment * 3. Non-Collusion Affidavit 1O.Bidder's Disclosure Of Discipline Recor;
11 .Purchasing Department Representation Certification
12.Escrow Agreement for Security Deposit:
(optional, must be completed if the Biddt
wishes to use the Escrow Agreem-
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All bids will be compared on the basis of the Engineer's Estimate. Th estimated quan
approximate and serve solely as a basis for the comparison of bids. The Engineer's Est
$1 60,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the pro\
California state law. The contractor shall state their license number, expiration d
classification in the proposal, under penalty of perjury. The following classifications are ac
for this contract: A, C12, C32, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents
the usual 10% retention from each payment, these documents must be completed and SI with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Pu
Department, City Hall, 1200 Carlsbad Village Drive, Carlsbad, California, for a non-refundab $25.00 per set. If plans and specifications are to be mailed, the cost for postage should be i
Any prospective bidder who is in doubt as to the intended meaning of any part of the d
specifications or other contract documents, or finds discrepancies in or omissions from the (
and specifications may submit to the Engineer a written request for clarification or correctil
response will be made only by a written addendum duly issued by the Engineer a coy of n
be mailed or delivered to each person receiving a set of the contract documents. No additi
modification of or interpretation of any provision in the contract documents will be given c
may any bidder rely on oral directions.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregi
informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the 1
shall be those as determined by the Director of Industrial Relations pursuant to the sectior
1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a cum
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to w
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all
employed by him or her in the execution of the Contract.
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The Prime Contractor shall be responsible for insuring compliance with provisions of sectior
of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletl Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer
purposes of section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall
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 indicatt
proposal, times the unit price as submitted by the bidder. In case of a discrepancy betwee
and figures, the words shall prevail. In case of an error in the extension of a unit price, the c
extension shall be calculated and the bids will be computed as indicated above and compare
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
written in with ink and must be initialed in ink by a person authorized to sign for the Contractc
Bidders are advised to verify the issuance of all addenda and receipt thereof one day
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection
Bonds to secure faithful performance and warranty of the work and payment of laboi
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percen
respectively, of the Contract price will be required for work on this project. These bonds
kept in full force and effect during the course of this project, and shall extend in full force a
and be retained by the City until they are released as stated in the Special Provisions sectic
contract. All bonds are to be placed with a surety insurance carrier admitted and authc
transact the business of insurance in California and whose assets exceed their liabilitic
amount equal to or in excess of the amount of the bond. The bonds are to contain the
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by
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 ir commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual stater
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commen
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within IO calenda
the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's KE
Guide of at least A-:V, and (2) are admitted and authorized to transact the business of inst
the State of California by the Insurance Commissioner. Auto policies offered to r
specification of this contract must: (1) meet the conditions stated above for all insurance cc
and (2) cover anv vehicle used in the performance of the contract, used onsite or offsite,
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ii
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
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Contract No. 36671 -B Page 6 of 68
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Workers' compensation insurance required under this contract must be offered by a c
meeting the above standards with the exception that the Best's rating condition is waived.
does accept policies issued by the State Compensation Fund meeting the requirement for
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any a
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 submi
required bonds and insurance, as described in the contract, within twenty days of bid openir
Contractor fails to comply with these requirements, the City may award the contract to the sc
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 valic
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-263
adopted on the 4th day of August ,I9 98 .
Clerk -9 &hf Date '
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Workers' compensation insurance required under this contract must be offered by a c
meeting the above standards with the exception that the Best's rating condition is waived.
does accept policies issued by the State Compensation Fund meeting the requirement for
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any a
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 submi
required bonds and insurance, as described in the contract, within twenty days of bid openir
Contractor fails to comply with these requirements, the City may award the contract to the s(
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 valic
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No 98-26
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I CITY OF CARLSBAD
THE LA GRAN VIA REMOVAL AND
RECONSTRUCTION PROJECT
CONTRACT NO. 36671-B
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CONTRACTOR’S PROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares helshe has carefully examined the location of the work, read th Inviting Bids, examined the Plans, Specifications, Special Provisions and addenda ther hereby proposes to furnish all labor, materials, equipment, transportation, and services re( do all the work to complete Contract No. 36671-B in accordance with the Plans, Specii Special Provisions and addenda thereto and that he/she will take in full payment the1 following unit prices for each item complete, to wit:
Approximate Item Quantity Unit - No. Description and Unit Price - Tc
1 Mobilization at 1 LS
Dollars (Lump Sum)
2 Traffic Control at I LS
Dollars (Lump Sum)
at 197cy 7%) 3 Remove Asphalt Concrete Pavement
Dollars per Cubic Yard
,AT.
LQ.. 1, i’;
/ \,\ \ \ ’., &CY //’
5\ \! J B \q ‘J %
Y ‘ -. \\
4 Unclassified Excavation at
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$‘\\, L) ?
Dollars per Cubic Yard
1,585 CY - I? sphalt Concrete Pavement at ‘<,J
Doll rs pe? Cubic Yard --- cc 1 Total amount olqid in words:
\
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
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%$7/17/98 Contract No. 36671 -B Page 8 of 68
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CITY OF CARLSBAD
THE LA GRAN VIA REMOVAL AND
RECONSTRUCTION PROJECT
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CONTRACT NO. 36671-B
CONTRACTORS PROPOSAL City Council OPENED, WITNESSED AND
City of Carlsbad
1200 Carfsbad Village Drive
Carlsbad, California 92008
The undersigned deciares he/she has carefully examined the Ig&kn of the work, rea
inviting Bids, examined the Plans, Specifications, Special Provisions and addenda then hereby proposes to furnish all labor, materials, equipment, transportation, and services re( do all the work to complete Contract No. 36671-B in accordance with the Plans, Sped Special Provisions and addenda thereto and that he/she will take in full payment ther
following unit prices for each item complete, to wit:
IO-/- ?/
S'GNF*T#E
Approximate
Item Quantity Unit
No. Description and Unit Price c,o6' G
1LS 4 $40"" .i$,
2q,= q,?(
9s \ a"l
33E 53
(9 In \ A.rw ann --C!vn;ki &,,en dO\\nr;,rnd4,CsA /,
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1 Mobil' ation at 1 LS
/-Ed 32 t3(\ CAT E hOh(9
so. !$A0 0
Dollars (Lump Sum)
o\\ CJ-5 h0ndrTe.h and n\*e't-\, d L:Qoclr I,
2 Traffic Control at Fou.r-c;R OU %.ah
I Dollars (Lump Sum)
at
Dollars per 'Cubic Yard t
3 Remove Asphalt Concrete Pavement 197 CY
TdQ 4L !& ur A ob ar';
%QbQ 30
Tt \n rL&\re9 4.n\
Qnc\ + W9/\$-\1 CQAb? + 789 CY
[&I% QAC \ 4 Unclassified Ex vat' n at
Fwe CQX-t\ Dollars per Cubic Yard
5 Asphalt oncr tePaveme t 1,585 Ton c<r 5
C?h+\ SAC\ B [ 9 \Ah
Dollars per Ton Q
Total amount of bid in words: \ 4ewn4q c.\s LC +C\susanX \
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Contract No. 36671-B Page 8 of 851 '3 b7/17/98
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- City of Carlsba( e
September 17, 1998
ADDENDUM NO. 1
RE: LA GMN VIA REMOVAL AND RECONSTRUCTION PROJECT--(Removal
existing r~ed and r=build.], CQNTMCT NO. 36671 -B
Please include the attached addendum in the Notice to Bidder/Request for Bids 1
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/
when your bid is submitted. . &RUTH &a-5 FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 0 (760) 434-2803 FAX (760) 434-1
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a NOTICE TO BIDDERS
September 16,1998
The City of Carlsbad hereby issues "Addendum No. 1" to the Contract Documents E
Special Provisions for the La Gran Via Removal and Reconstruction Proje
Contract No. 36671-B. Addendum no. 1 consists of this notice, and 3 pages. 1
addendum changes the units of item #5 "Asphalt Concrete Pavement", and modifies '
Asphalt Concrete class for finish course in part 2, Construction Materials, section 2034
The provisions contained in the addendum are made part of the notice, bid sheets E
specifications of the project as though originally bound with them. As of this d
Addendum No. 1 contains all changes to the originally issued specifications.
Bidders are advised to verify the issuance of addenda and receipt thereof one day prior
bidding. Submission of your bid without acknowledgment of all addenda may be cai
for rejection of the bid.
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cc: Traffic Engineer, Bob Johnson
Principal Civil Engineer, Walter H. Brown
Purchasing Officer, Ruth Fletcher
Attachments
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ADDENDUM NO. 1
TO
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR THE
La Gran Via Removal and Reconstruction Project
Page I of l(with 2 attachments)
CONTRACT NO. 36671-B
To the Special Provisions, and Contractor‘s Proposal section, modify the following:
Delete page 8 of the Special Provisions and add attached page 8 of the Contractc
Proposal section, noting the change in the unit for bid item no. 5, change unit
Asphalt Concrete Pavement from CY to Ton.
0 Delete page 59 of the special provisions and add attached page 59 of part 2 of 1
special provisions, this page amends section 203.6.2 Materials to read: “Add ,I
following: Asphalt concrete shall be class Dl-AR-4000 for finish course, and 0 EAR4000 for base course.”
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Addendum(a) No(s). / haslhave been received and islare include(
The Undersigned has carefully checked all of the above figures and understands that the Cit 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 ne
bonds and insurance policies within twenty (20) days from the date of award of Contract by
Council of the City of Carlsbad, the City may administratively authorize award of the contra
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 licensi
business or act in t e a ity of a contractor within the State of California, validly license
, classification A which ex
an affi'davit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuar
Business and Professions Code shall be considered nonresponsive and shall be rejected by
§ 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be in\
by the failure of the bidder to be licensed in accordance with California law. However, at
the contract is awarded, the contractor shall be properly licensed. Public Contract Code 3
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is pc
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder
representation, oral or in writing, of the City Council, its officers, agents, or employees has
hidher to enter into this Contract, excepting only those contained in this form of Contract
papers made a part hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation making
the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is (Cash, Certified Chec
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 requir
employer to be insured against liability for workers' compensation or to undertake self-insc.
accordance with the provisions of that code, and agrees to comply with such provision
commencing the performance of the work of this Contract and continue to comply until the c(
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2
to the general prevailing rate of wages for each craft or type of worker needed to exe
Contract and agrees to comply with its provisions.
I proposal.
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&3/,L@& license numb r -9351327
, and that this statement is true and correct and has the legal
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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
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 mi
general partner)
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(Street and Number)
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(3) Place of Business
(Street and Number) 1 City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(Tit le) 1 Impress Corporate Seal
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* (4) Place of Business
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(3) Incorporated under the laws of the State of
P.m d \rifia Sllr '&/ 120 (Street and Number)
City and State 16 ---,---
(5) Zip Code 9al23 Telephone No. /-PI!? c &77-75/5 1 '
fLy d/p
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MI
AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corpor nd managing partners:
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California Commercial Asphalt Corporation
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FINANCIAL REPORT
DECEMBER 31,1997
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CALIFORNIA COMMERCIAL ASPHALT CORPORATION
FINANCIAL REPORT
0 DECEMBER 31,1997
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CONTENTS
INDEPENDENT AUDITOR’S REPORT
FINANCIAL STATEMENTS
Balance sheets
Statements of income and retained earnings
Statements of cash flows
Notes to financial statements
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INDEPENDENT AUDITOR'S REPORT
To the Board of Directors
California Commercial Asphalt Corporation
San Diego, California
We have audited the accompanying balance sheets of California Commercial
Corporation as of December 31, 1997 and 1996 and the related statements of incoi
retained earnings, and cash flows for the years then ended. These financial statements
responsibility of the Company's management. Our responsibility is to express an opi
these financial statements based on our audits.
We conducted our audits in accordance with generally accepted auditing standards.
standards require that we plan and perform the audit to obtain reasonable assurancc
whether the financial statements are free of material misstatement. An audit includes ex;
on a test basis, evidence supporting the amounts and disclosures in the financial stateme
audit also includes assessing the accounting principles used and significant estimates n
management, as well as evaluating the overall financial statement presentation. We belif our audits provide a reasonable basis for our opinion.
0
In our opinion, the financial statements referred to above present fairly, in all material re
the financial position of California Commercial Asphalt Corporation as of December 31, I!
1996, and the resutts of its operations and its cash flows for the years then ended in COI
with generally accepted accounting principles.
MA
ZZidinia
March 12, 1998
a
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CALIFORNIA COMMERCIAL ASPHALT CORPORATION
BALANCE SHEETS
December 31,1997 and 1996 0
1997 191
ASSETS (Note 4)
CURRENT ASSETS
Cash and cash equivalents (Note 8) $ 164,062 $ 28
Trade receivables (Note 2) 2,519,256 2,1&
Prepaid expenses and other assets 80,724 a
Total current assets 2,910,552 2,7a
lnve n t ory 14651 0 17
PROPERTY, PLANT, AND EQUIPMENT (Note 3) 4,459,582 4,26
ADVANCES TO STOCKHOLDERS 269,500 6
$ 7,03 - !§ 7,639,634
LIABILITIES AND STOCKHOLDERS EQUITY
CURRENT LIABILITIES
Short-term debt (Note 4) $ 440,000 $ 57
0
Current maturities of long-term debt (Note 4) 598,979 30
Accounts payable (Note 2) 2,082,697 1,535
Accrued expenses and other liabilities 197,334 14
Totat current liabilities 3,319,010 2,58
LONG-TERM DEBT (Note 4) 977,691 ?,I1
COMMITMENTS AND CONTINGENCIES (Note 7)
STOCKHOLDERS' EQUITY
Common stock, no par value; authorized 100,000 shares;
6,000 shares issued and outstanding 799,997 79
Retained earnings 2,542,936 2,54
3,342,933 3,34
$ 7,639,634 $ 7,03 -
0 See Notes to Financial Statements.
2
CERTIFICATE OF JOINT VENTURE
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) 1 ss: ?& ~$q-J-~$~-~ a
I HEREBY CERTIFY that a meeting of the Principals of
NICHOLAS GRANT CORPORATION AND CALIFORNIA COMMERCIAL
ASPHALT CORPORATION, a Joint Venture existing under the laws of the
State of California, held on /o- / , 192g
The following resolution was duly passed and adopted: - “RESOLVED, that I /OH/\/hP 49 /%E k/ as f
CEO of the Joint Venture, be and is hereby
authorized to execute the Bid dated October I, 1998 to the
CITY OF CARLSBAD and this Joint Venture and that his
Execution thereof, attested by the 2%zA,9iiA c/ - /
Of the Joint Venture, shall be the official act and deed of this
Joint Venture.”
I further certify that said resolution is now in full force and effec
IN WITNESS WHEREOF, I have hereunto set my hand this
0
9 dayof OK ,19=.
s&-c/s m9rQ i/J
Title
e
5 Individual 6 g ,ZLCorporate Officer
'A, TitIe(s): SFC -
0 Partner - 0 Limited U General
3 Attorney-in-Fact 12 Trustee
.? Guardian or Conservator '$ ;& d: J Other: IO ;r:
:r;
F
>;
9 ,,*
2
If;, Signer Is Representing:
r: Individual
T1 Corporate Officer
Tile(s):
Lf Partner - C: Limited ;3 General
Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
U Other: y__
Signer Is Representing:
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BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.) I.
Accompanying this proposal is a *Certified *Cashiers check payable to the order of 1
CARLSBAD, in the sum of 1
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this ch
become the property of the City provided this proposal shall be accepted by the City throu!
of its legally constituted contracting authorities and the undersigned shall fail to execute a
and furnish the required Performance, Warranty and Payment Bonds and proof of ir
coverage within the stipulated time; otherwise, the check shall be returned to the undersigi
proceeds of this check shall also become the property of the City if the undersigned shall 1
his or her bid within the period of fifteen (15) days after the date set for the opening therea
otherwise required by law, and notwithstanding the award of the contract to another bidder.
I BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the followir
shall be executed--the sum of this bond shall be not less than ten percent (10%) of the tota
of the bid.)
*w
\?7/17/98 Contract No. 36671 -B Page 12 of 68
BOND NO. 3SM 914 824 0
PREMIUM INCLUDED IN BI F- d
BlDD€R'S BOND TO ACCOMPANY PROPOSAL a
KNOW ALL PERSONS BY THESE ?RESErUTS: NICHOLAS GRANT CORPORATION AND CALIFORNIA COMMERCIAL ASPHALT ?hiif We, CORPORATION, A JOINT VENTURE , as Principai, aneAMERICAN MOTORISTS INSURAN as Surety are held and firmly bound u~fb the Ci!y of Carlsbad, Caiifornis, in an amount as follow:
(must Se at least ten percent (10%) of the bid amount) $18,500.00--------------- for whic payment, well and truly made, we bind oursefvtts, our heirs, executors and administrator
successors or assigns, joinVjr and severally, firmly by these presents.
THE CONDiTION OF THE FOREGOfNG OBL1GATION IS SUCH byat if the proposal of the abov
bounden Principal for:
THE hA GWN VIA REMOVAL AND RECONSTRUCTION PROJECT
CONTRACT NO. 3667143
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into an
execute a Contract Including required borids and insurance policies within twenty (20) days from th
date of award of Coni~~t by the City Council of the City of Carlsbad, being dufy notified of sai award, then this obiigatjon shalt become null and void: otherwise, it shall be and remain in full foro and effec!, and tha amount specified herein shalt be forfeitad to the said City.
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711?/$8 Contract No, 36Wj -B Page 13 09: 68 Pages
In the went Principal executed this bond as an individual, it is agreed that the death of Principa
nm exonerate he Surefy from its obiigathns under this bond. 0
Exec:ited by SURE" this 28th f p-toc3 ** day SEPTEMBER. ,l]g 98 . ed by PRiFuCIPAL this
JM NICHOLAS GRANT CORPORATION CALIFORNIA PRINCIPAL: COMMERCIAL ASPHALT CORPORATIO&$URET'f.
AMERICAN MOTORISTS INSURANCE COMPAN - (name of Surety)
(address of Surety) 7470 N. Figueroa Street, Los Angeles
c/so Pde- 213-257-8291 - ation of Signetcry)
'%LP&M K.R. Viodes (print name here) /
(tiUe and organization of s1gnotot-y) (Attach corporate resolution showing ci
(printed name of Attorney-in-fact)
S%
power of attorney.)
(Proper fletarial acknowledgment of execution by PRINCIPAL and SURETY must be attached,)
(President or vice-president and secretary of assistaint secretary must sign for corporations. 1; one csfker signs, the carporation must attach a resolution certrfled by the secretary or ass
secretary under corpcrate seat empowering tkafi officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R, BALL City Attorney
0
By:
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714 7/98 Contract No. 36671-8 Page 14 of 68 Pagl
Signer's Nam ' ,..*.. %.. ,,",, . . . __ .___..,
K Individual ?& '@ i Corporate Officer -
$j Title(s); C Partner - CII Limited U General
!A Attorney-in-Fact ^'
Signer's Name;
rl Individual
17 Corporate Officer
Title(s): . . <,.n
, i! Partner - L Limited TI General
0 Attorney-in-Fact
xare OT California
County of Orange
On September 28, 1998 before me, Victoria M. Campbell, Notary Public
@sonally appeared K. R. Viodes *********
NAME, TITLE OF OFFICER - E G , ‘JANE DOE. NOTARY PUB .. DATE
NAMEIS) OF SIGNER(S) m personally known to me -%X+ nLpkW&iWW~~~
person@ whose name@) is’l$rcersubscribed to i instrument and acknowledged to me that ix
executed the same in %/her/- authorized cap and that by R&lherW signaturem on the instrt person@, or the entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and a
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DO(
INDIVIDUAL
UCORPORATE OFFICER
OPARTNER(S) ULIMITED
TITLE OR TYPE OF DOCUME TITLE(S)
UG EN ERAL
El ATTORN EY -I N-FACT NUMBER OF PAGES
UTRUSTEE(S)
GUARDIAN/CON S ERVATOR
OOTHER: DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED GNER IS REPRESENTING:
OF PERSON(S) OR ENTITI(IES) iib
-*--- ~ Insurance Companies
Commercial Lines Group z
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
PC!& OF ATORNEY Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the Si Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 2001, unless sooner revoked for ar its behalf as surety, and as its act and deed:
Name of Principal: NICHOLAS GEUNT CORPORATION-CALIFORNIA COMMERICAL ASPHALT CORPORATION ---
.
Thomas G. McCall, K.R. Viodes, E. Ureno, Victoria M. Campbell
BondNo.: 3SM 914 824 00 Penal Sum: $ 18,500.00 --
Description: BID BOND -
Name of Obligee: CITY OF CARLSBAD
EXCEPTION: NO AUTHORITY is granted to make, execute seal and deliver any bond or undertaking which g the payment or collection of any promissory note, check, draft or letter of credit.
This authori does not permit the same obli ation to be split into two or more bonds in order to bring each suck
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakin s in pursuance of these resents shall be as binding upon the sai American Motorists Insurance Company as ally and amply to all inten s and urppses, as if the same had beer
THWPPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,2001.
This Power of Attorney is executed b authority of a resolution adopted b the Executive Committee of the Boai
true and accurate co y of which is hereinafter set forth and is hereby certified to by the undersigned Secretary (
"VOTED, That the Chairman of the Board, the President or any Vice President, or their appointees designated writing and filed with the Secretary or the Secretary shah have the power and authority to appoint a ents and
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified b facsimile under and by authority of the followin
held on the 23rd day of February, -l988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President or their appointee desi nated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company,
resolution ado ted by the Executive Committee of the Board of drectors on February 23, 1988 and any such p
valid and binding upon the Company.
In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed ar , 19 93.
Attested and Certified: AMERICAN MOTORISTS INSURANCE COM
bond within x t e dollar limit of authority as se a forth herein.
executed and acknowledged by its regularly elected officers at its principal pi# o ce in Long Grove, Illinois.
Directors of said American Motorists Y nsurance Company on February 2 Y , 1988 at Long Grove, Illinois, a
being in full force an t effect
attorneys-in-fact, and to authorize them to execute on behalf of the Compan , and attach the seal o ? the Compz thereto, bonds and undertakings, recognizances, contracts of indemnity an 2 other writings, obligatory in the nai
resolution adopted by the Executive Committee of the Er oard of Directors of the Company at a meeting 2 uly call
certi ! cations by the Secretary, may be affixed by facsimile on an power of attorney or bond executed pursuan
executed, sea.ed P and certified with re,spect to any bond or undertaking to which it is attached, shall continue to
-
corporate seal to be affixed by its authorized officers, this 26th day of July
psx-yY\x &e& @
J. S. Kemper, Ill, Exec, Vice Presid Robert P. Hames, Secretary
NOTE: ANY ERASURES OR WHITE OUT WILLVOID THIS POWER OF ATTORNEY.
). 31nr c wr ILLIIYWIQ COUNTY OF LAKE ss
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, Ill and Robert P. Hames personall known to me,to be the same persons whose names are respectively as Exec. Vice President and Secretary o Y the American Motonsts Insurance Company, a Ccrporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknawledged that they bein thereunto duly authorized signed sealed with the corporate sea! and delivered the said instrument as the free and vo 9 untary act of said corporation and as their own free and voluntaiy act for the uses and purposes therein set forth.
I
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**++++**+++++*++*+*+++++ + + “OFFICIAL SFAL” i IRENEKLEWER i &- : NOTARY PUBLIC, STATE OF ILLMOIS :
:My Commission Expires Jan. 28,2002 : **+*+**++******+++*++*++
Irene Klewer, Notary Public
My cornmissior; expires: 1-28-02
CEKTiFiCATION
I, J.K. Conway, Secreta of the American Motorists Insurance Company, do hereb cedi that the attached Power of Attorney dated July y6, 1993 true and correct cop and that the same has been in full force and effect since the date thereof and is in full force and effect on txe date of this certificate; and I do further certify that the said J. S. Kern er Ill and Robert P. .’. Hames who executed the Power of Attorne as Exec. Vice President and Secretary respecfvely were on the date of the execution.of the attached Power of A$orney the duly elected Exec. Vice President and Secretary of the American Motonsts Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists insurance Company on this 28th day of SEPTEMBER ,I9 98. .
on behalf of the person(s) as lis u? ed on he reverse side is a
@ r-
J. K. Conway, Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
TO VERIFYTHIS POWER OF ATTORNEY, CALL (847) 320-2108. -
FM 362-10 5-91
Power of Attorney - Term PRINTED IN U.S.A.
86/91/LP‘u
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I GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTORS BID"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK' FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operatc
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC a
Special Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", I
Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in s(
2 of the Special Provisions especially "Own Organization" and "Owner Operator/Lessor." Bid
further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1
Special Provisions.
CAUTIONS Bidders are cautioned that failure to provide complete and correct informal
result in rejection of the bid as non-responsive. Any bid that proposes performance of more
percent of the work by other than the Contractor's own organization will be rejected 4 responsive.
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INSTRUCTIONS Bidders shall use separate disclosure forms for each Subcontractor o
Operator/Lessor (O+O) of manpower and equipment that is proposed to be used to coml
Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or Owner Operator/Le
percentage of the bid item installed by the Subcontractor or Owner Operator/Lessor being
the line of the form must be entered under the column "010 of Item by Sub" or "O/O of Item t
as applicable. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion
item the entire amount of the Contract Unit Price shall be multiplied by the Quantity of the
that the Subcontractor or Owner Operator/Lessor installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The
materials and transport for materials from sources outside the limits of work, as shown on th
shall be assigned to the Contractor, the Subcontractor, or the Owner OperatodLessor as t
may be, installing them. The value of material incorporated in any Subcontracted or
Operator/Lessor installed bid item that is supplied by the Contractor shall not be included as
of the portion of the work that the Contractor is required to perform with its own organization.
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in
I
I Item No." column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the numb
be entered on the form. If the Subcontractor does not have a valid business license enter "Nc
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to pro
required information. The number of additional form pages shall be entered on the first form
each type so duplicated.
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Bidder may, at its option, combine bid items on a single row in the chart on the disclosure
using this option the Bidder must indicate the bid item numbers to which the information ir
pertains. This option may not be used where the subcontractor or Owner Operatoi
constructing or installing less than 100 percent of a bid item. The percentages and dollar
may be the sums of the bid items listed in that row.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct
less than 100 percent of a bid item the Bidder must attach an explanation sheet to the desig
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanati
must clearly apprise the Agency of the specific tasks, materials and/or equipment that are I
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of awa
contract shall determined by the City Council in conformance with the provisions of the
documents and these Special Provisions. The decision of the City Council shall be final.
*
I to be so supplied.
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DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
The Bidder MUST complete each information field on this form for each subcontractc proposes to use. Additional copies of this form may be attached if required to accommc Contractor's decision to use more than one subcontractor. This form must be submitted as the Bidder's sealed bid. Failure to provide complete and correct information may result in rej the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in F
this bid for the Work and that the listed subcontractors will be used to perform the portio1 Work as designated in the list in accordance with applicable provisions of the specificat section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair I Act." The Bidder further certifies that no additional subcontractor will be allowed to perf portion of the Work and that no changes in the subcontractors listed work will be made exc the prior approval of the Agency.
Full Company Name of Subcontractor:
Complete Address: I Street
City State Zip
Telephone Number plus Area Code:
California State Contractors License No. & Classification:
Carlsbad Business License No.:
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SUBCONTRACTORS BID ITEMS
1 Amount of Item Amount of Item b Overhead & Profit
Explanation: Column 1 - Bid Item No. from the bid proposal, page 8. Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric
item on bid proposal page 8.
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DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK a I The Bidder MUST complete each information field on this form for each owner operator/o
(O+O) that it proposes to use to perform any portion of the Work. Additional copies of this fc
be attached if required to accommodate the Contractor’s decision to use more tl-
subcontractor. This form must be submitted as a part of the Bidder’s sealed bid. Failure to
complete and correct information may result in rejection of the bid as non-responsive. Excer
individuals listed below the Bidder certifies that no Owner Operator/Lessor will be allowed to
any portion of the Work. The Bidder further certifies that no changes in the Owner Operato
listed work will be made except upon the prior approval of the Engineer. Provide a separa
for each Owner OperatorlLessor. See section 1-2 of the Special Provisions for definition o
Operator/Lessor.
Full Owner Operator/Lessor Name:
Complete Address:
Street
City State Zip
Telephone Number plus Area Code: ( ) -
City of Carlsbad Business License No.: 1. OWNER OPERATOWLESSOR WORK ITEMS
Explanation:
Column 1 - Bid Item No. from the bid proposal, page 8.
Column 2 - The dollar amount of the item to be performed by the subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces.
Column 4 - The dollar amount of the overhead and profit for the item.
Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid pric
item on bid proposal page 8.
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%#7,, 7/98 Contract No. 36671-B Page 18 of 681
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NICHOLAS GRANT CORPORATION
As of September 30,1998
1 O108198 Balance Sheet
Sep 30, '98
ASSETS
Current Assets
a
CheckinglSavings
1000 - Cash
1001 . Checking Grossmont 2,916.04
1002. Checking Union 7,073.68
1003 * Money Market Union 195.71 5.50
Total 1000. Cash 205,705.22
1050 - Investments 500,000.00
Total 1050. Investments 500,000.00
Total CheckinglSavings 705,705.22
Accounts Receivable 1200 - Accounts Receivable 185,462.80
Total Accounts Receivable 185,462.80
Total Current Assets 891,168.02
Fixed Assets 1601 . Computer 2,000.89
1602 - Equipment 3,986.75
Total Fixed Assets 5,987.64
Other Assets
1051 . Cert of Deposit
1700. Deposits
1701 -Workers Comp 14,534.00
Total 1700. Deposits 14,534.00
1900 - Organizational Costs 18,459.35
Total Other Assets 32,993.35
TOTAL ASSETS 930,149.01
LIABILITIES & EQUITY
0
Liabilities
Current Liabilities
Accounts Payable
Total Accounts Payable
2000 - Accounts Payable 70,339.98
70,339.98
Total Current Liabilities 70,339.98
Total Liabilities 70,339.9a
Equity 976,000.00
Total Equity 859,809.03
TOTAL LIABILITIES & EQUITY 930,149.01
3100 * Capital Stock Net Income -1 16,190.97
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NICHOLAS GRANT CORPORATION
April 17 through September 30,1998
10108l98 Profit and Loss
Apr 17 - Sep 30, '98
Ordinary IncomelExpense
Income 21 3,106.56
Total Income 213,106.56
Cost of Goods Sold 80,363.93
Total COGS 80,363.93
Gross Profit 132,742.63
4060. Construction (Oh of COmpl.)
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5000 . Cost of construction
Expense 6010 - Payroll 601 1 . Wages 151,551.33
14,075.60 6012. Taxes 6013. fee^ 513.61
Total 6010 - Payroll 166,140.54
6020. Computer Expense 264.00
6050 - Supplies 1,566.58
6060 - Plan Expense 973.34
6030 . Advertising 538.00
6075 - Bond Expense 4,275.00
6110 - Automobile Expense 3,916.95
6120 - Bank Service Charges 108.10
6160. Dues and Subscriptions 6165. Dues-misc. 1 19.00
6160. Dues and Subscriptions - Other 1,201 63
1,320.63
6181 - Health 3,308.90
6183 - Rental 5,000.00
6184 - Automobile 1,705.28
Total 6160 - Dues and Subscriptions
6180 - Insurance
6182 * Property 68.53
6185. Liability Insurance 19,581.75
6420. Work Comp 994.38
0
Total 6180 - Insurance 30,658.84
6200 . Interest Expense 6220. Loan Interest 2,582.52
2,582.52 Total 6200 - Interest Expense
6230 - Licenses and Permits 891 .OO
6240 - Miscellaneous 26.10
6250 - Postage and Delivery 179.05
210.00
6270 - Professional Fees 6271 . Consulting 6,000.00
6273 - Accounting 9,300.00
Total 6270. Professional Fees 25,156.34
6290. Rent 7,250.00
6340 - Telephone 4,077.41
6350 - Travel & Ent 6360 - Entertainment 127.76
Total 6350. Travel & Ent 127.76
6550 . office Supplies 214.69
6750 - Subcontractors 829.00
251,741.62
6260 - Printing and Reproduction
6272 - Legal Fees 9,856.34
6335. Moving 435.77
Total Expense
Net Ordinary Income -1 18,998.99
Other IncomelExpense Other Income
Total Other Income
2,808.02
2,808.02
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4500. Interest Income
. NICHOLAS GRANT CORPORATION
10108i98 Profit and Loss
April 17 through September 30,1998
Apr 17 - Sep 30, '98
Net Other Income 2,808.02 0
Net Income -116,190.97
0
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. NICHOLAS GRANT CORPORATION
1 OIOW98 Customer Balance Detail
As of September 30,1998
Type Date Num Account Amount Balance
Calle Barcelona
Invoice 9130198 98508 1200 . Accounts Rec.. . 19,530.25 19,530.:
Total Calle Barcelona 19,530.25 19,530.;
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DAVIDSON BUILDERS INC
Stmt Charge 7/3/98 98500 1200.Accounts Rec... 75,588.89 75,588.t
Invoice 8/6/98 98501 1200. Accounts Rec... 699.57 76,288.d
Payment 811 3/98 1200. Accounts Rec... -75,588.89 699.: Invoice 8/19/98 98503 1200 . Accounts Rec.. . 1,020.74 1,720.:
Invoice 8/31/98 98505 1200. Acco~nts Re... 255.05 1,975.:
Invoice 9130198 98510 1200 ' Accounts RE... 55,772.99 57,748.:
Total DAVIDSON BUILDERS INC 57,748.35 57,748.:
La Costa Valley
Invoice 8/31/98 98506 1200. Accounts Rec... 34,148.1 5 34,148.'
Invoice 9/24/98 98507 1200. Acc~unts R~c... 35,160.00 69,308.' Invoice 9130198 98509 1200 . Accounts Rec... 38,876.05 108,184.:
Total La Costa Valley 108,184.20 108,184.:
TOTAL 185,462.80 185,462.1
0
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ucL-ul-~ts UYI~YH ISIUY wccounting 619 696 6581 .
CALIFORNIA COMMERCIAL ASPHALT CORPORATION
STATEMENTS OF INCOME AND RETAINED EARNINGS
Years Ended December 31,1997 and 1996 0
1997 19
Sales (Note 2) $ 13,218,810 $ 10,8
Cost of materials sold (Note 2) 11,577,242 9,1
Gross profit 1,641,568 117
Other operating expenses 699,868 7!
General and administrative expenses (Note 6) 757,082 7:
Income from operations 184,618 2;
Interest (expense) (I 92,596) (1;
Other income (expense), net 9,879 G
Income before state income taxes 1,901 i
Other income (expense):
0
-
State income tax expense (Note 5) 800
Net income 1,101 7
Retained earnings:
Beginning of year 2,541,835 2,9E
- Dividends (5 1
End of year $ 2,542,936 $ 2,54
See Notes to Financial Statements.
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CALIFORNIA COMMERCIAL ASPHALT CORPORATION
STATEMENTS OF CASH FLOWS
Years Ended December 31,1997 and 1996 e
1997 l
CASH FLOWS FROM OPERATING ACTIVITIES
Net income $ 1,101 $
Adjustments to reconcile net income to net cash from
operating activities:
Depreciation and amortization 494,302 4
Increase in allowance for doubtful accounts
Loss on disposition of property, plant and equipment
(Increase) decrease in operating assets:
24,000
e
Trade receivables (38 1,896) 3
Inventory 24,383 (
Accounts paya bfe 525,538 1
Net cash provided by operating activities 746,289 91
Purchase of property, plant, and equipment (56.252) (-
Net cash (used in) investing activities (56,252) (:
Prepaid expenses and other assets
Increase (decrease) in operating liabilities:
Accrued expenses and other liabilities
2,826
- 56,035
CASH FLOWS FROM INVESTING ACTIVITIES
CASH FLOWS FROM FINANCING ACTIVtTIES
Net proceeds from revolving line of credit (134,833)
Advances to stockholders (203,547)
0
Payments on long-term debt (477,107) (3(:
(3f
Net cash (used in) financing activities (81 5,487) (6t
Net increase (decrease) in cash (125,450) 2t
-
Cash and cash equivalents:
Beginning of year 289,512
End of year $ 164,062 !§ 28 -
SUPPLEMENTAL DlSCLOSURES OF CASH FLOW INFORMATION
Cash payments for interest $ 192,596 $ 17
Cash payments (refunds) for taxes !§ (3,160) $ - -
SUPPLEMENTAL DISCLOSURES OF NONCASH INVESTING
AND FINANCING ACTIVITIES
Equipment acquired by issuance of long-term debt $ 631,994 $ 17
Equipment contributed by stockholders for reduction
- - $ 1,73 - Short-term debt and note payable refinanced $
of shareholder advance $ -$ - $ (511 - Repayment of stockholder advances through dividends $
See Notes to Financial Statements.
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oJ.3 u=Iu u;io.L I vLc-vL _- vJ_dv- .-.... ..--duri~ iriy
CALIFORNIA COMMERCIAL ASPHALT CORPORATION
NOTES TO FINANCIAL STATEMENTS e
f. NATURE OF BUSINESS AND SIGNIFICANT ACCOUNTING POLlClES
Nature of Business
California Commercial Asphalt Corporation (the Company), a California cor
sells asphalt and cement-treated base materials and provides crushing sei
contractors in San Diego County.
Inventory
Inventory consists of coarse aggregates, rock dust, asphalt oil and base material:
stated at the lower of cost (first-in, first-out) or market.
Cash and Cash Equivalents
The Company considers all money market funds and liquid assets purchasec
maturity of three months or less to be cash equivalents.
ProDerfy, Plant, and Euuipment
Property, plant, and equipment are recorded at cost and depreciated on a straight4
over a period of 3 to 25 years.
Use of Estimates
The preparation of financial statements in conformity with generally accepted acl
principles requires management to make estimates and assumptions that affect the
amounts of assets and liabilities and disclosure of contingent assets and liabilities at
of the financial statements and the reported amounts of revenues and expenses dl
reporting period. Actual results could differ from those estimates.
CERTAIN RELATED-PARN TRANSACTIONS AND CUSTOMER CONCENTRATl
In 1997 and 1996, the Company participated in several construction joint ventui Daley Corporation (Daley), an affiliate of the stockholders of the Company. Undt
joint venture agreements, Daley is the managing venturer and is responsible for
contractor obligations, while the Company is responsible for providing asphalt cons
materials. The construction contracts under these agreements provide that Daley I
all progress billings. Payments from customers are made directly to Daley and depc
a joint venture account. The Company receives its proportionate share from tl venture account. Sales to Daley and the joint ventures for the years ended Decerr
1997 and 1996 represent 43 percent and 52 percent, respectively, of the Compan!
revenues.
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-__ __ 3D vi-JvT\ l-_ll.l-m r\LL~un~ing 619 69b 6581 .
2. CERTAIN RELATED-PARW TRANSACTIONS AND CUSTOMER CONCENTRA’I * (CONTINUED)
The Company is a party to an agreement which provides that Daley or other relatec
will purchase a minimum of 200,000 tons of its asphalt products and certain base r
from the Company through 1999 at prevailing market prices,
Accounts and transactions with Daley and the joint ventures are as follows:
1997 1
Asphalt revenues $ 5,077,556 $ 5,
Material crushing revenues 555,421
Trade receivables 1 ,1 20,896 1 ,I
Purchases, supplies, labor and equipment rental 95,130
Accounts payable 24,017
Daley has been experiencing financial difficulties. Accordingly, there are p:
receivables, primarily relating to non-joint venture receivables from Daley. The Corn
currently placing liens on the outstanding balances, as is customary in the cons
industry. An allowance for doubtful accounts of $24,000 has been established for
receivables in which the Company does not have lien rights.
During the year ended December 31 , 1996, the Company leased equipment from C
Equipment Rental, a related party. Rents paid were approximately $34,200 in 1
1996, the Company purchased equipment from California Equipment Rental for $1 84 0
3. PROPERTY, PLANT, AND EQUIPMENT
Property, plant, and equipment consist of:
Plant and equipment $ 8,207,013 $ 7
Office furnishings
8,311,222 7
Less accumulated depreciation 3,851,640 3
$ 4,459,582 $ 4,
104,209 -
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4. NOTES PAYABLE
The Company’s notes payable are:
0
1997
Short-term debt:
Note payable, bank, under a $600,000 revolving
line of credit, interest payable monthly at prime
plus SO% (9.0% at December 31, 1997), due
December 1998 $ 440,000 $ -
Long-term debt:
Note payable, bank, payable in monthly installments
of $26,620, including interest, at 8.5%, due
February 2001 $ 921,517 $ 1,
February 1998, beginning April 1998 monthly
installments of $1 1,409 including interest at
prime plus 50% (9.0% at December 31, 1997),
due March 2000 375,000 Notes payable, finance companies, payable in
aggregate monthly installments of $1 3,759,
including interest from 8.5% to 10.9%, collateralized
by equipment and auto, guaranteed by stockholders,
due at various dates through 2001
Note payable, bank, $125,000 principal due
280,153 0
1
1,576,670 174
Less current maturities 598,979 ,
$ 977,691 $ I;
The notes payable, bank, are secured by trade receivables, inventory, and equipml
are guaranteed by the Company’s stockholders.
Maturities of long-term debt are as follows:
-
Years Ending December 31, Am4
1998 $5
1999 2
2000 4 2001
$ 1,5
m
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O~Y 696 6581 c ___. vI _- -- - -_. . . 3P-1’1 MLLUUIIL lllY
5. INCOME TAXES
The Company, with the consent of its stockholders, has elected to have its incon
under Section 1362 (S Corporation) of the Internal Revenue Code and Section 238(
California Revenue and Taxation Code which provide that, in lieu of corporate incc
the stockholders are taxed on their proportionate shares of the Company’s taxable
In addition, California has a 1% percent corporate income tax. The state tax expens
years ended December 31, 1997 and 1996 represents $800 and $3,000 of curre
due, respectively,
e
6. PROFIT-SHARING PLAN
The Company’s profit-sharing plan covers substantialfy all employees of the Compa
than employees covered by a union retirement plan. The plan provides for the Con
make discretionary contributions of an amount not to exceed current or accumulate
(whichever is greater), or 15 percent of the compensation paid or accrued by the Cc
to all participants in the plan. The amount contributed vests to the participants’ rata1
five years. Contributions for the years ended December 31, 1997 and 1996 were !
and $47,235, respectively.
7. COMMITMENTS AND CONTINGENCIES
Lease and SUORIV Aqreement
The Company has a noncancellable lease and supply agreement with its principal :
dated November 1, 1993, which expires on December 31, 1999. Pursuant
agreement, the Company teases the land associated with its Carroll Canyon and Ota
production facilities. The Company has two five-year options to extend the lease and
agreement. Rent is adjusted annually for changes in the Consumer Price Index. Ii
the rent payable under the agreement was $87,111 per month. There is a renl
available to the Company based on the dollar amount of material purchases from the
at both sites.
Under the agreement, the Company is required to purchase all of its requireme
coarse aggregates, rock dust, and base materials for use in its plants from the lessor.
event the lessor cannot supply such requirements at the Carroll Canyon site, the lessc
arrange for any deficiencies to be supplied by any acceptable afternate source.
Company may fulfill any supply deficiencies at the Otay Mesa site from other SI
without payment to the lessor.
Minimum rentals under this agreement, prior to the aforementioned rent credil adjustments, are due as follows:
Years Ending December 31, Amo
1998 $ 1,04
1999 1,04
$ 2,os
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619 696 6581 * uyL,~~-~a U~Z~L- ISKM Hccounzing
1
7. COMMITMENTS AND CONTINGENCIES (CONTINUED)
Multi-€ mployer Pension Plan
The Company contributes to a multi-employer pension plan under the terms of a c
bargaining agreement. The Employees Retirement Income Security Act (ERL amendments impose certain contingent liabilities on contributors to multi-employer
plans. In the event of plan termination or withdrawal by the Company from the f
Company will be liable for part of the Plan’s unfunded vested benefits, if any.
CONCENTRATION OF CREDITRISKFOR CASH HELD IN BANK
At times the Company maintains cash balances in excess of the Federal Deposit Ir
Corporation limit of $1 00,000.
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILIT
(To Accompany Proposal)
Copies of the latest Annual Report, audited financial statements or Balance Sheets submitted under separate cover marked CONFIDENTIAL.
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%@7/17/98 Contract No. 36671 -B Page 19 of 68F
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BIDDER'S CERTIFICATE OF INSURANCE FOR
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
b GENERAL LIABILITY, EMPLOYERSy LIABILITY, AUTOMO1
As a required part of the Bidder's proposal the Bidder must attach either of the following to th
1. Certificates of insurance showing conformance with the requirements herein for:
Comprehensive General Liability I Employer's Liability
Automobile Liability
Workers Compensation
2. Statement with an insurance carrier's notarized signature stating that the carrier can, and
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurar
Comprehensive General Liability, Employer's Liability, Automobile Liability and Workers
Compensation in conformance with the requirements herein and Certificates of insurance
Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies
to meet the specification of this contract must: (1) meet the conditions stated in The Notice
Bids, the Standard Specifications for Public Works Construction and the Special Provisions
project for each insurance company that the Contractor proposes, and (2) cover anv vehicle
the performance of the contract, used onsite or offsite, whether owned, non-owned or hir
whether scheduled or non-scheduled. The auto insurance certificate must state the coveral
"any auto" and cannot be limited in any manner.
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p.P7/17/98 Contract No. 36671-B Page 21 of 68P
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4- 1-m , U.ZUAM , Hun KISK services+ D1304ZJZt 3UY1 LII-
AO~ ~twk ServiceB, Inc.
695 Town Center Dr. Sta. 500
Costa WQB~~ e&. 92626
714-64,1-8355 , .. .._- .---. _._I A ~,oY+.-~~~F. L.hes En@ .Po.
,,...- .. ..... ---- .~-.. ._ .....___ Ntcholaa Grant Carp./
California Carunextldl AeghaLt
7 f4m AUT9 LI-ABILITY- * , , ,.
,.-_. , ,-._-.. IS. LIMITS SHOWN *Y
TYPE OF WUWMCE POWV NYMBeR UYnS
ER'S & CONTFSCTOR'S PROT
, -. , SCHEDVLEO AUTOS COMPANY C: CQHERAL
NON.DWNeD AUTOS AUlErnB IIIURmrCB CQ. HIRED AUTOS
UMBRELLA FORM
RB;: La Qrma Aver
Removal 1 ROabZLstrwtion
City of Carlsbad kXPlruITIOIv OATS TWER6OF. THE lg!WPUG COMPW WIU - 30 DNS WlllllW NO?VJ8 TO THS CCUWldrTC HDLPER NaM6D TO 200 Carrebad Village Dr.
arlebad, CA. 93008
dull UI‘ *- I-~J I O.LWIYI t &on RISK Jeryices* b 1 Yb42YZ
POLICY NUMBER: KZW100350 COMh4%RCIAL GENERAL LIABn
THIS ENDORSEWNT CHANGES THE POLICY. PLEASE READ IT CAREFmLY
ADDITIONAL XNSURICD - OWNERS, LESSEES OK
a
CONTRACTORS (FORM B)
(Including “Primary” Wording)
This mdomrncnt difias insurance provided under the following:
COMMERCIAL GENERAL, LIABlwTY COVEKAGE PART
SCrnTJLE
Name of Person or Organization:
City of Carlsbad; the City or it’s agents, officers or employees
X200 Carlsbad Village Dr.
Cnrrlsbad, CA 92008
Re: La Gram Ave. RemovaVlReconstruction
If no entry appears above, information required to complctu this endorsement will be shown in
Declarati~ns as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured thc person or opniznt
shown in the Schedule, bur ady with respect to liability arising our of or related to “your work” oc
supervision for that Insured by or for you. The Inaurame afforded to such person or orgtnfznllox
primary. Any other insurance which such person or organization may have wltll be z1(
contribuiory.
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AI-Primary CGZO I Op( 1 I -E’
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CITY OF CA.RLSB.4D SURPLUS LINE BROKER AFFIDAUT
e
AON Risk Services
695 Town Center Drive, Suite 500
Costa Mesa, CA 92626
Broker Name:
Address:
Ciry/S ta &zip :
Date: March 23, 1999
Pmjecr Name: La Gran Avenue Removal/Reconstruction
Type of Insurance: General Liability
I CC&@ &at AON Risk Services b f)Lc Broker of Record forNicholas Gran
-belo w Wantmaor.) who is required to provide irasurance wda the specificar of the dove: c~nuacr- 3 further certify thar a8 Broker ob Recd for Contractor, I have conta &e hsurance companies Wed below, all of whom meer the Gq#s requirements include Resolun'on No. ?/-YO 3 and all of whom have refused to wh the required policy due tc
Wpe~ftiskhVohcd.* and Nicholas Grant Corp. - California Commer
Insurance Canier. PNA Tnsiiritnre Co-es
Name of Contacr:
Address:
Date: June 1998
Reasan for Refusal: Underwriting Reasons
Best9 Rating A XV Lhted by State insurance Yes
Gorp.., J.V.
Leah Young
1800 E. Imperial Hwy., Brea, CA 92621
a
- .,
Commissioner (!?es/pfo)
Fireman's Fund Insurance Co.
Jerry Hernandez
P.O. Box 33015, San Antonio, TX 78265
Insirrance CaniC
Name of Contact:
Address: .d
Date: . June 1998
Reason for ~~fu~& Underwriting Reasons
Bests Raring - A XV Listed by Srate rrsutance Yes a bdssioner @es/No)
. - _=
.a”
Hartford Insurance Company
Giselle Kendall
One Pointe Drive., Brea, CA 92622
- Insurance Carrier:
Name of Contact: a
Addies;
Dare: -la!Xh23* 1999
Reason for Refusal: Underwritina Reasons
Bests Rhg A+ XV tiseed by State Insurance YES GmmiE&nu fleaJr(scl)
Contractor is resquzsting ttmc the city accept _Royal Surplus Company who is a surpl
he cker havhg an A-:V Or hen= rahg h &e most ~~CEIX isrtue af Best’s Rating Guide a:
who has an office wa the %ate of Womb at the fshwing address in order ra &feet sed
of process.
Name of Surplus
kine Cmicr:
Address: 5670 Wilshire Blvd.
Ciry/S tatdaip: Los Anqeles, CA, 90036
I
Royal Surplus Lines Insurance Co.
c/o Lemac and Associates
tid dress tq effect service of ~mcas wi~ the State of ~momia
Name: Royal Surplus Lines Insurance Co.
Address: . 5670 Wilshire Blvd.
City/Stare/Zig: Los Anqeles, CA 90036
- c/o Lemac and AE%ociates
7 ccm under p~dilty of pejq hat the foregokg facts me true md correct.
Dated; I_
Signed:
March 23, 1999
e
1 16C 131 tu97
a
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CSTY OF CARLSB.4D SURPLUS LINE BROKER AFFIDAVIT
a
Broker Name: sk ServLces
Address: 695 Town Center Drive, Suite 500
Costa Mesa, CA 92626
March 23, 1999
LA Gran Avenue Removal/Reconstruction
Aut omobi le Li ab i 1 it y
City/Srate/Zip: - . .._ .
Date:
Projccc Name:
’Qpe of Insurance:
I ce* &atAON Risk Services b he Br&e;r of Record for Nicholas Grani
*ee below (“Contracroa*) who is required ta provide bwcc under the specificaci, of the above conuact. 3 further certify that a8 Srok ob Recard for Contractor, I have cantac
the hurance companies listed below) all of whom mer the City‘s requirements included
Resolution No- CT/-W 3 and ali of whom have &used to White the required policy due to
type Ofrisk involved. and Nicholas Grant Corp.-California Commercia
Corp., J.V.
Insurance Camel= Transcontinental wurance Co.
Leah Young Name of Contact:
CNA Plaza, Chicago, IL. 60685
June 1998
Not writing this type of cover,age on monoline
Marcss: A ’--
Date:
~~~~~~f~~~~h~~i:
BesZs Rating uv Listed by State Insurance yes Commissioner (yes/lNo)
Insirtanfe CkRiC Safeco Insurance Co. of America
Name of Caritact: Fidelis Anderson
Address: - .rV
Date: . June 1998
ReasonfarRefus& Not writing contractors’ business
Safeco Plaza, Seattle, WA 98185
Bests Raring -x+ XIV Lisred by State rrawancc Yes a Commis&onrer (Yes,”)
* I --- ?U ’131 “2;7
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Insurance wer: Travelers Property & Casualty Insurance Co.
Name of Contact: Sue O’Brien
One Tower Square, Hartford, CT 06183 Address: *
Dare: March 23, 1999
Reason for Refusal:
- a
Type Of Ri sk
Yes tiswd by State Imurme
COmmiEsianu (Y€?dNa]
Be$s Raring A XV
General Agents Insurance Co. Cohtracror is rqusting hr the City accept company who is a surpt:
fine cder having an A-:V Or better rating in &e most recem isme of Best’s Rating GuMe ar
who has an offkc w- the %ate of Cdbda at the fohwing address in order ra effect smvk
Of PtOCeSS
Namc OfSWplus General Agents Insurance Co. of America Line Canier:
Address: P.O. Box 2933
Fort Worth, TX 76113-2933 ciry/s tatdaip :
0 t dress tq effecr Service of ~mcess wittin the State af C~O~L
Name:
Address:
City/ Sra WZip:
I certify under p~dtg’ of peTjufy &at the foregoing; facis axe true: md comct.
Dated: March 23, 1999
AON Risk Services.
695 Towen Center Drive, Suite 500
Costa Mesa, CA 92626
Signed: &.-&/ -
\
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BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bi
another jurisdiction in the State of California?
I.
-L no Yes
2. If yes, what waslwere the name@) of the agency(ies) and what wadwere the peri
debarment@)? Attach additional copies of this page to accommodate more than two debarm
party debarred party debarred
agency agency
I period of debarment period of debarment
BY CONTRACTOR: CC#& AJ0”n-t VeubrL
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~#7/17/98 Contract No. 36671 -B Page 22 of 681
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BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
Contractors are required by law to be licensed and regulated by the Contractors’ State Board which has jurisdiction to investigate complaints against contractors if a complaint reg patent act or omission is filed within four years of the date of the alleged violation. A c regarding a latent act or omission pertaining to structural defects must be filed within 10 yea date of the alleged violation. Any questions concerning a contractor may be referrec Registrar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1. Have you ever had your contractor’s license suspended or revoked by the California Cor State license Board two or more times within an eight year period?
i.
x
x
Yes no 1 2. Has the suspension or revocation of your contractors license ever been stayed?
Yes no
3. Have any subcontractors that you propose to perform any portion of the Work ever t contractor’s license suspended or revoked by the California Contractors’ State license Boar more times within an eight year period? 1 x Yes no
4. Has the suspension or revocation of the license of any subcontractor’s that you prc perform any portion of the Work ever been stayed? x no Yes
5. If the answer to either of 1. or 3. above is yes fully identify, in each and every case, 1 disciplined, the date of and violation that the disciplinary action pertain to, describe the natu violation and the disciplinary action taken therefor.
I (Attach additional sheets if necessary)
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f.$7/17/98 Contract No. 36671 -B Page 23 of 68
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BIDDERS DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
6. If the answer to either of 2. or 4. above is yes fully identify, in each and every case, tt
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to, c
the nature of the violation and the condition (if any) upon which the disciplinary action was SI
I.
1 (Attach additional sheets if necessary)
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%47/17/98 Contract No. 36671 -B Page 24 of 68F
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I NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1 E/m 33-m03+50 ) ss.
I.
i County of 1 SE/M ++d-d268-;Z
, being first duly sworn, depos I (Name of Bidder)
and says that he or she is el F &PC, h!/t? mPer I (Title)
of . . . --- Ij~MdLvrt- 4 Pdij - Abfiflid (!!.mp - . - . I ;.ilk alt! I
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I (Name of Firm) .- E$. ,%f
the party making the foregoing bid that the bid is not made in the interest of, or on behal
undisclosed person, partnership, company, association, organization, or corporation; that tl
genuine and not collusive or sham; that the bidder has not directly or indirectly induced or
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, cc
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone she
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agr
communication, or conference with anyone to fix the bid price of the bidder or any other bidc fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or tc
any advantage against the public body awarding the contract of anyone interested in the p
contract; that all statements contained in the bid are true; and, further, that the bidder
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
or divulged information or data relative thereto, or paid, and will not pay, any fee to any cor1
partnership, company association, organization, bid depository, or to any member or agent tt
effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affid
1.
executed on the 30 day of 5e+-&??cv Re 7 ,1998.
Subscribed and sworn to before me on the 30*"' dayof 5-.e@j<"mlw. ,
(NOTARY SEAL)
Commission # 1097842 Notaw Pllblic - CaI:.,rnb
Y COmm Erolres Muy 15,2000
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p.$7/1 7/98 Contract No. 36671-8 Page 25 of 681
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I CONTRACT
PUBLIC WORKS
This agreement is made this 14th day of April 1 1999 ,
1.
I between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"),
and NICHOLAS GRANT CORPORATIOK-CCAC/JVwhose principal place of busines:
9737 AERO DRIVE SUITE 120, SAN DIECO CA 92123 (he called "Contractor").
City and Contractor agree as follows:
1.
for:
2.
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Description of Work. Contractor shall perform all work specified in the Contract dol
THE LA GRAN VIA REMOVAL AND RECONSTRUCTION PROJECT 1 CONTRACT NO. 36671 -6
(he rein after called "project" )
2. Provisions of Labor and Materials. Contractor shall provide all labor, material
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice lnviti
Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of
Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Ex?
Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Pli
Specifications, the Special Provisions, addendum(s) to said Plans and Specifications and
Provisions, and all proper amendments and changes made thereto in accordance with this
or the Plans and Specifications, and all bonds for the project; all of which are incorporated h
this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the
indicated, specified, and implied by the Contract Documents. Any items of work not indi
specified, but which are essential to the completion of the work, shall be provided at the Cor
expense to fulfill the intent of said documents. In all instances through the life of the Cont
City will be the interpreter of the intent of the Contract Documents, and the City's decision rc
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and r
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 Contr
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specificx
Public Works Construction (SSPWC) 1997 Edition, and the 1998 supplement hereinafter de
"SSPWC", as issued by the Southern California Chapter of the American Public Works Ass
and as amended by the Special Provisions section of this contract. The Engineer will c
estimate of work completed for progress payments on the last working day of each month. 1
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\#7/17/98 Contract No. 36671 -B Page 26 of 681
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5. Independent Investigation. Contractor has made an independent investigatior
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progre: work, and is aware of those conditions. The Contract price includes payment for all work t be done by Contractor, whether anticipated or not, in order to overcome underground con Any information that may have been furnished to Contractor by City about underground cc or other job conditions is for Contractor's convenience only, and City does not warrant conditions are as thus indicated. Contractor is satisfied with all job conditions, including unde conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves trenches or other excavations that extend deeper than four feet below the surface Contrac 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 hazardou as defined in section 251 17 of the Health and Safety Code, that is required to be removed to
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 fro indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any nature, different materially from those ordinarily encountered and generally recognized as in1 work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially 5 or do involve hazardous waste, and cause a decrease or increase in contractor's costs o time required for, performance of any part of the work shall issue a change order ur procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions r~ differ, or involve hazardous waste, or cause a decrease or increase in the contractor's co time required for, performance of any part of the work, contractor shall not be excused fi scheduled completion date provided for by the contract, but shall proceed with all WOI performed under the contract. Contractor shall retain any and all rights provided either by co
by law which pertain to the resolution of disputes and protests between the contracting partie
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requi of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has c and will comply with these requirements, including, but not limited to, verifying the eligi employment of all agents, employees, subcontractors, and consultants that are include( Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Depar Industrial Relations has determined the general prevailing rate of per diem wages in accorda California Labor Code, section 1773 and a copy of a schedule of said general prevailing wa is on file in the office of the City Engineer, and is incorporated by reference herein. Pur California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor SI copies of all applicable prevailing wages on the job site.
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9. Indemnification. Contractor shall assume the defense of, pay all expenses of defen
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, d
injury and liability of every kind, nature and description, directly or indirectly arising fro1
connection with the performance of the Contract or work; or from any failure or alleged k
Contractor to comply with any applicable law, rules or regulations including those relating tc
and health; and from any and all claims, loss, damages, injury and liability, howsoever the sal
be caused, resulting directly or indirectly from the nature of the work covered by the Contract
for loss or damage caused by the sole or active negligence or willful misconduct of the Cil
expenses of defense include all costs and expenses including attorneys' fees for Ii arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awarc
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. t
costs include the cost of separate counsel for City, if City requests separate counsel.
IO. Insurance. Contractor shall procure and maintain for the duration of the contract in
against claims for injuries to persons or damage to property which may arise from or in cor
with the performance of the work hereunder by the Contractor, his or her agents, represer
employees or subcontractors. Said insurance shall meet the City's policy for insurance as s
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimu
indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single Ii
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a s
aggregate in the amounts specified shall be established for the risks for which the City or its
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $~,OOO,OOO combined single limit per acci
bodily injury and property damage. In addition, the auto policy must cover any vehicle use
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
scheduled or non-scheduled. The auto insurance certificate must state the coverage is
auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensatic
as required by the Labor Code of the State of California and Employers' Liability limits of $1,
per incident.
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance require
this agreement with the exception of Workers' Compensation and Business Automobile
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional ins
respects: liability arising out of activities performed by or on behalf of the Contractor; prod1
completed operations of the contractor; premises owned, leased, hired or borrowed
contractor. The coverage shall contain no special limitations on the scope of protection aff
the City, its officials, employees or volunteers. All additional insured endorsements r
evidenced using separate documents attached to the certificate of insurance; one for each c
affording general liability, and employers' liability coverage.
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Workers' compensation offered by the State Compensation Insurance
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ts7/17/98 Contract No. 36671-B Page 28 of 681
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b. The Contractor's insurance coverage shall be primary insurance as respects the officials, employees and volunteers. Any insurance or self-insurance maintained by the officials, employees or volunteers shall be in excess of the contractor's insurance and s contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage [ to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor's insurance shall apply separately to each against whom claim is made or suit is brought, except with respect to the limits of the i liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be e
to state that coverage shall not be nonrenewed, suspended, voided, canceled, or red coverage or limits except after thirty (30) days' prior written notice has been given to the certified mail, return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or sell
retention levels must be declared to and approved by the City. At the option of the City, eitl
insurer shall reduce or eliminate such deductibles or self-insured retention levels as resp City, its officials and employees; or the contractor shall procure a bond guaranteeing pa) losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall c
waiver of all rights of subrogation the insurer may have or may acquire against the City or E
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its PC
shall furnish separate certificates and endorsements for each subcontractor. Cover:
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 Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the bus insurance by the State of California Insurance Commissioner as admitted carriers as eviden
listing in the official publication of the Department of Insurance of the State of California and/
the standards specified by the City Council in Resolution No. 91 -403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insura
original endorsements affecting coverage required by this clause. The certifica endorsements for each insurance policy are to be signed by a person authorized by that ir
bind coverage on its behalf. The certificates and endorsements are to be in forms approve City and are to be received and approved by the City before the Contract is executed by the
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be re: accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , A (commencing with section 20104) which are incorporated by reference. A copy of Artic included in the Special Provisions I section. The contractor shall initially submit all clai $375,000 to the City using the informal dispute resolution process described in Public Contri subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the cor
claims shall comply with the Government Tort Claim Act (section 900 et seq., of the (
Government Code) for any claim or cause of action for money or damages prior to filing an for breach of this agreement.
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$#7/17/98 Contract No. 36671-8 Page 29 of 68
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(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to must be asserted as part of the contract process as set forth in this agreement and not in anti of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code 1
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly st false claim to a public entity. These provisions include false claims made with deliberate igno 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 tt 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 fall may subject the Contractor to an administrative debarment proceeding wherein the Contrac
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 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by referen
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges th:& debar1
another jurisdiction is grounds for the City of Carlsbad to disqualify the Co actor or subcc from participating in future contract bidding.
I have read and understand all provisions of Section 11 above.
12. Maintenance of Records. Contractor shall maintain and make av ilable at no co! City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1
2, of the Labor Code. If the Contractor does not maintain the records at Contractor's princip of business as specified above, Contractor shall so inform the City by certified letter accom the return of this Contract. Contractor shall notify the City by certified mail of any change of of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with
1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier's check, or certified check may be SUI for any monies withheld by the City to secure performance of this contract for any 01 established by this contract. Any other security that is mutually agreed to by the Contractor 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 clause required by law to be inserted in this Contract shall be deemed to be inserted hei included herein, and if, through mistake or otherwise, any such provision is not inserted, ( correctly inserted, then upon application of either party, the Contract shall forthwith be pl amended to make such insertion or correction.
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W7li 7/98 Contract No. 36671-B Page 30 of 68 F
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9 6. Additional Provisions. Any additional provisions of this agreement are set fort
"General Provisions" or ' Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MU
ATTACHED
8
(CORPORATE SEAL) I CONTRACTOR:
ATTEST:
3pQ.N * O&CY 3.. st57 *
(print name and title) ' I 0 President or vice-president and secretary or assistant secretary must sign for corporations
one officer signs, the corporation must attach a resolution certified by the secretary or i
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD-R. BALL
City Attorney
By:
JANE MOgALDl, Assktant City Attorney
em
w7/, 7/98 Contract No. 36671 -B Page 31 of 68P
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RESOLUTION OF THE JOINT VENTURERS OF
ASPHALT CORPORATION, J.V.
NICHOLAS GRANT CORPORATION-CALIFORNIA COMMERCIAL e
- The undersigned being the sole members of the joint venture known as Nicholas Grant
Corporation-California Commercial Asphalt Corporation, J.V. (the “Joint Venture”), hereby
unanimously consent to the following resolution of the Joint Venture:
WHEREAS, the Joint Venture has submitted a bid to the City of Carlsbad for a contract tc
perform a work of improvement known as City of Carlsbad Contract No. 36671 (the “project”), th
Joint Venture has been deemed the lowest responsible bidder, and the City of Carlsbad has resolve
award a contract for the project to the Joint Venture;
IT IS THEREFORE RESOLVED, John H. Daley, Jr., is authorized and instructed to ex€
all contracts and documents between the Joint venture and the City of Carlsbad which are necessai
the project on behalf of and in the name of the Joint Venture.
IN WITNESS WHEREOF, the foregoing resolution and action is adopted and shall be
effective as of the date set forth below.
Dated: ?/,,/$? CORPORATION a
Secretary
Dated: CALIFORNIA COMMERCIAL ASPHALT
~
473 001-F617
e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cfi I m~j~ jp
5% nr€- ..
On //'-9-9&
Date
D&LFv+ &n? .
hersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the perso
whose name(s) is/are subscribed to the within instrun
and acknowledged to me that he/she/they executed
same in his/her/their authorized capacity(ies), and ths
his/her/their signature(s) on the instrument the person
or the entity upon behalf of which the person(s) aci
executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prev
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
C Individual [J Individual
0 Corporate Officer 0 Corporate Officer
0 Attorney-in-Fact Ll Attorney-in-Fact
Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1995 National Notaly Association * 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free
Duplicate Original Bond No.: 3SM 916 642 01 Premium Included in tha
performance bond. a LABOR AND MATERIALS BOND
WHEREAS. h? city Council of the City of Carlsbad, State of Califamia, by RE
NO. 98-360 , adapted NOVEMBER 3, 1998 , has awar NfcIycU AC CWMT CVlA COMMERCIAL ASPHALT C( (hereinafter designated as the "Principal"), a Contract for:
THE LA ORAN Wl REMOVAL AND RECONSTRUCTION PROJECT
CONTRACT NO. 36671-8
in the City of Carisbad, in strict conformity with the drawings and spedfications, and other C
Documents now on file in the Offlce of the City Clerk of the City of Csrlsbad and all of whi
incorporated herein by this rekmca.
WHEREAS, Principal has executed or is about to execute said Contract and the terms 1 require the furnlshlng of a bond, providing that tf Principal or any of their subcontractors shaii pay for any materials, provisions, provender or other supplles or teams used in, upon or ak
performance of the work agreed to be done, or for any work or labor done thereon of my kir Surety on this bond will pay Ute same to the extent hereinafter set lorn.
NOW, THEREFORE, WE. N I CHO 1 AS GRANT &QRP/ CALI FOR N I A COMMERCIAL i
CORP RATION/ JOINT VENTURE as Prinapal, (hereinafter designated as the "Contra 8 or"), and
as Surety, are held flrmly bound unto the City of Carlsbad in the sum of THIRTY -
p,~n T-n CIYTY F~THT AN~o---------------------D~
($ -97 ), dd sum being fifty percent (50%) of the estimated amount pay
the City of Carlsbad under the hrms of the Contract, for which payment well and ttuly to be ma
bind ourselves, our heirs, executors and administraturs, successors, or assigns, jointly and sev firmly by these presents.
THE CONDITION OF THIS OBLlGATiON IS SUCH that if the person or hidher subcontractors pay for any materials, provislans, provender, supplies, or teams used in. upon, for, or aboc
perfomce of the work mnmded to be done, or for any other work or labor therean of any kl fur amounts due under the Unemployment Insurance Code wjth m~ped to such work or labor,
any amounb required b be deducted, withheld, and paid over to tbe Employment Develor
Department from the wages of ernpbpes of the contractor and subcontractors pursuant to st
13020 of tho Unemployment Insurance Code with respect V, such work and Jabor that the Sure
pay for the same, nut t~ e~.ceed the sum specified in the bond. and. also, in case suit is brought Ute bond, cast6 and reasonable expenses and fees, includlng reasonable attorney's fees, t~ be by the court, as required by be provisions of sectlon 3248 of the California Civil Code.
This bond shall inure to the benefd of any and al) persons, companies and corporations entiW claims under Title i 5 of Part 4 of Division 3 of the Civil Code (commencing with sedan 3082).
Surety sPfpulaPes and agrees that no change, extension of time, alteration or addition to the teri
the Contract, or to the work lo be performed thereunder or the speclflcations accompanyin same shall affect Its obligations on this bond, and it does hereby waive notice of any chi
extension of lime, alterations or addltion to the terms of the contract or to the work of 94
?37/1,,8 Contract No. 36671-8 Page 32 of 68Pag
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a specifications.
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In the event that Contractor is an indwidual, It is agreed that the dmth of any sum Contractc not exonerate the Surety from its obligationa under this bond.
Executed by CONTRACTOR this 9th Executed by SURETY this 9th
Original Effective Date: 11/186
March of 1 19. March 99 day of 1 19-.
Nicholas CONTRACTOR: Grant Corporation and California
Come ure
SURETY' American Motorists
Insurance Company
(name of Surety)
(address of Surety)
7470 N. Figueroa Los Angeles, Ca. 90041
(323) 257-8291
By;
(sign here)
(pht nama here)
(title and organization of signatory)
(printed name of Attorney-In-Fact) -
(attach corporate resolution showing curre power of attorney)
a
(Proper noterial acknowledgment of execution by CONTRACTOR and SURETY must be attache
(President or vice-prasident and samtary or assistant secretary must sign for corporations. tf one oflcer signs. the carporation must attach a resolution certified by the secretary or assb
Secretary under mrparafe seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
Clty Attorney
By:
a e - 7/171m Canrract No. 366f-I-B Page 33 of 68Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CA~ -1 mitQi A
Sm4 Qitc.42 --
Date
Name(s) of Signer(s)
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persoi
whose name(s) islare subscribed to the within instrurr
and acknowledged to me that he/she/they executed
same in his/her/their authorized capacity(ies), and tha
hislherltheir signature(s) on the instrument the person
or the entity upon behalf of which the person(s) aci
executed the instrument.
GARY BUNDAV Commission # 1667842
San Diego County
NOtQly Public - CcKJrnla
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prec
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General U Partner - 0 Limited C General
0 Attorney-in-Fact
0 Guardian or Conservator U Guardian or Conservator
0 Corporate Officer
Tit le(s) :
Signer Is Representing: Signer Is Representing:
0 1995 National Notaly Association * 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-71 84 Prod. No. 5907 Reorder: Call Toll-Fr
* State of California
County of Orange
3-9-99 before me, V.M. Campbell, Notary Public
DATE NAME. TITLE OF OFFICER - E.G . ‘JANE DOE, NOTARY PU
Janina Monroe
gr personally appeared
a personally known to me - OR - proved to me on the basis of satisfactory evidenci
person(s) whose name(s) ishm subscribed to
instrument and acknowledged to me that k executed the same in hb/her/Wi authorized cal
and that by frakdher,&hi?&signature(s) on the instr person(s), or the entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and official se
NAME(S) OF SIGNER(S)
0 PTION AL
Though the data below is not required by law, it may prove valuable to persons relying on the document and c
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DO 0
OlNDlVlDUAL
UCORPORATE OFFICER
UPARTNER(S) ULIMITED
TITLE OR TYPE OF DOCUME TITLE(S)
0 GENERAL
El ATT-o R N EY - I N- FACT NUMBER OF PAGES
OTRUSTEE(S)
UGUARDIAN/CONSERVATOR
OOTHER: DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED eNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIlY(IES)
Bond No.: 3SM 916 642 Duplicate Original
Premium: $785.00 e FAITHFUL PERFORMANCEWARRAN= BOND
WHEREAS, the City Council of the Clty of Carlsbad. State of California, by Re2
NO. 98-360 , adopted NOVEMBER 3,T998 , has awaf
NICHOLAS GKANT CORPORATlON/CALIFORNIA COMMERCIAL ASPHALT; (hsreil
ORPO AT N/ JOINT VENTURE designated as the "Prlncip&), a conftad8r:
THE LA GMP( VIA REMOVAL AND RECONSTRUCTON PROJECT CONTRACT NO. 36671 -8
In the City of Carisbad, In strict conformity wlth the antract, the drawings and specification: other Contract Documents now on ffk in the Mfice of the City Clerk of the City of Carlsbad,
which are inwrpomtd herein by this sekrence.
WHEREAS, Principal has executed or is about to oxvwte said Contract and the tern tl requlre fhe furnishing of a bond for the faithful performance and warranty of said Contract;
NOW~THEREFORE. WE, -NT CORPIUI IFORNIA , aq Princ
{hereinafter designate ccP"YFie as %!ontractot'Sf an J R AL ASP AL CORPORATIONIJOINT VENTURE
, as Surety, are heiU and firmly bound unto the City of Carts
THOUSAND FIVE HUNDRED THIRTY SEVEN ANI1 inthesumof wy Frur Dollars ($ YR ~97.~5 J said sum being eqt one hundred percent (100%) of the estimated amount of the Contract to be paid to City or Its cc attorney, its BUCGBSSO~S and assigns; fw whlch payment, well and truly tu be made, we ourselves, our heirs, execubm and administrators, successors or assigns, jointry and sew firmly by these presents.
THE CONDITION Of THIS OBLIGATION IS SUCH that if the above bounden Contraaor, their t,
executors, administrators, SUCC~~SOIS or assigns, shall in all thfngs stand to and abide by, and and truly keep and perform the covenants, conditions, and agreements in the Contract and altoration thereof meid8 81s therein provided on their part, to be kept and performed at the time ar the manner thereln specified, and in ail rospects according b their he intent and meaning, and I indemnify and saw Rarmlss the City of Carlsbad. nS officers, ernployem and agents, as thE
stipulated, then this obligeUan shall beme null and void; otherwls it shall remain in full force
effect.
As a part of he obligation secured hmby and in addilion to that face amount specified therefof, tl shall be included costs and reasonable expenses and fees, including reasonable attorney's 1
incurred by the City In successfully enbrcing such obligation, all to be taxed as costs and incluU6 any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addltton to he term
the Contract, or to the work to be performed tbereunder or the specifications accompanying
same shall afkt its obligatlons on this bond, and it does hereby waive notice of any char extension of time, alterations or addition to the tern of the cantract or to the work or to specifications.
G7,,7/98 Contract NO. 36671 -8 Page 34 of 68Pagei
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In lhe event that Contractor i6 an individual, it is agreed that the death of any such Contractc not exonerate the Surety from its abligatlons under this bond.
Original Effective Date: 11/18/91
Executed by CBNTRBCTOR this 9th Executed by SURETY this 9th d
99
e
;19 . March 99 March day of L 19-.
CONTRACTOR: SUREW
Nicholas Grant Corporation and California American Motorists
(name of Surety)
7470 N. Figueroa
Los Angeles, Ca. 90041
Venture Insurance .Company
(address of Surety)
(323) 257-8291
--@elephone,number of Surety)
/c/o By: +j~iod~ri(lv,Ju
(RUB and Organization of Signatory) signatore of AfAomey-ln-Fact) 8&51&J
d By: Janina Monroe
(prinfed name of Attorney-in-Fact)
(sign here) 0
(Attach corporate resolution showing cu
power of attorney.) (print name here)
(Title and Organization of signatoty)
(Proper notarial acknowledgment of execution by CONTRACTOR and SUREW must be attache
(President or vlce-president and secretary or assistant secretary must slgn for corporations. Iff
one officer signs, the corpamtion must attach a rssoluljon certMed by the secretary or assis
secretary under corporate seal ernpowedng mat officer to bind me corporation.)
APPROVED AS TQ FORM: RONALD R. BALL Clty Attorney
By:
a
%7198 Contract No. 36671 -8 Page 35 of 68Pegsl
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of SW Q 1 c%*
On "3-q-900 1s beforeme, CY%? klW3dFy dOTMY %bL\C
Name and Title of Officer (e g , Jane Doe Notaiy Public 1 Date
Name@) of Signer@)
0 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persor
whose name(s) is/are subscribed to the within instrurr
and acknowledged to me that he/she/they executed
same in his/her/their authorized capacity(ies), and tha
his/her/their signature(s) on the instrument the person
or the entity upon behalf of which the person(s) acl
executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prec
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General !I Partner - 0 Limited 0 General
0 Corporate Officer
Tit le( s) :
El Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association * 8236 Remrnet Ave PO Box 7184. Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll-F
State of California
County of Orange
3-9-99 before me, V.M. Campbell, Notary Public
DATE NAME, TITLE OF OFFICER - E GI 'JANE DOE. NOTARY PU
Janina Monroe 0"
personally appeared
a personally known to me - OR - c] proved to me on the basis of satisfactory evidencr
person(s) whose name(s) is/we subscribed to
instrument and acknowledged to me that )rl
executed the same in Wher/ttmii authorized cal
and that by h&her,kkt&ac,signature(s) on the instr
person(s), or the entity upon behalf of which the
acted, executed the instrument.
NAME(S) OF SIGNER(S)
0 PTI ON AL
Though the data below is not required by law, it may prove valuable to persons relying on the document and c
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATACHED DO 0 UINDIVIDUAL
UCORPORATE OFFICER
CI PARTN ER(S)
TITLE OR NPE OF DOCUME TITLE(S) 0 LI M ITED
OGENERAL
tl AITO R N EY- I N-FACT NUMBER OF PAGES
UTRUSTEE(S)
OTHER:
[7GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMEC &NER IS REPRESENTING:
NAME OF PERSON(S) OR ENTIlY(IES)
Insurance Companie+
Commercial Lines Group
IW7P&R.
AMERICAN MOTORISTS INSURANCE COMPANY
@e Office: Long Grove, 1L 60049
POWER OF ATTORNEY Know All Men By These Presents:
That the American Motorists Insurance Company, a cqrporation organized and existing under the laws of the Sta
Thomas G. McCall. K.R, Viodes, Victoria M. Campbell, Janina Monroe
its true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31,2001, unless sooner revoked for and its behalf as surety, and as its act and deed:
~~~~~fpri~~i~~~: Nicholas Grant Corporation and California Commercial Asphalt Corporatj
Bond No.: 3kM 916 642 00 PenalSum: $ Performance & Payment $78,:
Name of Obligee:
Description: Surety Bond
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint -
A Joint ven ure
City of Carlsbad
EXCEPTION: NO AUTHORIW is granted to make, execute seal and deliver any bond or undertaking which Qui the payment or collection of any promissory note, check, drak or letter of credit.
This authori does not permit the same obli ation to be split into two or more bonds in order to bring each such
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakin s in pursuance of these resents shall be as binding upon the said rican Motorists Insurance Company as illy and amply to all inten s and urposes, as if the same had been (
bond within x t e dollar limit of authonty as se F forth herein.
uted and acknowledged by its regularly elected officers at rts pnncipal pP o ce in Long Grove, Illinois. "Qp THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,2001.
This Power of Attorney is executed b authority of a resolution adopted b the Executive Committee of the Board
true and accurate co y of which is hereinafter set forth and is hereby certrfied to by the undersigned Secretary a: being in full force anteffect:
"VOTED, That the Chairman of the Board, the President or any Vice President, or their appointees designated ir writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint a ents and
thereto, bonds and undertakings, recognizances, contracts of indemnity an cy other writings, obligatory in the natur thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified b facsimile under and by authority of the followin
held on the 23rd day of February, 1988:
"VOTED, That the signature of $e Chairman of the Board, the President, any Vice President or their appointees des! nat-d in wnting and filed with the Secretary, andathe signature of the Secretary, the seal of the Company, ai
resolution ado ted by the Executive Committee of the Board of dre.ctors on February 23,1988 and any-such pa!
valid and binding upon the Company."
In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPl
Directors of said American Motorists Y nsurance Company on February 2 Y I 1988 at Long Grove, Illinois, a
attorneys-in-fact, and to authorize them to execute on behalf of the Compan , and attach the seal o P fie Compan
resolution adopted by the Executive Committee of the EY oard of Directors of the Company at a meeting ? uly cailec
cerb B cations by the Secretary, may be affixed by facsimile on an power of attorney or bond executed pursuant t
executed, sea P ed and certified with respect to any bond or undertaking to which it is attached, shall continue to bc
corporate seal to be affixed by its authorized officers, this 26th day of July ,19 93.
p-S?+'hjf q& f?& g2J
J. S. Kemper, Ill, Exec, Vice Preside1 Robert P. Hames, Secretary
NOTE: ANY ERASURES OR WHITE OUTWlLL VOID THIS POWER OF ATTORNEY.
STATE OF ILLINOIS ss COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby cerWy that J. S. Kemper, 111 and Robert P. Hames personall known
Motorists Insurance Company, a Corporation of the &ate ofhnois, subscribed to the foregoin instrument,
sealed with the corporate seal and delivered the said instrument as the free and vduntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
to me to be the same persons whose names are res ectivel as Exec. Vice President and Secretary o Y the American
appeared before me this day in person and severally acknowledged that they bein thereunto i uly authonzed signed,
.
........................
: NOTARY PuSLlC, STA~ OF ILLINOIS :
:My Commission Erpira Jan. 28,2002 : ........................
"Off ICIAL SEAL" : IRENEKLEWER i & u
Irene Klewer, Notary Public
My commission expires: 1-28-02
CERTIFICATION
I, J.K. Conway, Secreta of the American Motorists Insurance Company, do hereb cedi that the attached Power of Attorney dated July y6, 1993 true and correct cop and that the same has been in full force and effect since $e date thereof and is in full force and effect on txe date of this cedficate; and I do further ce$fy that the said J. S. Kem er 111 and Robert P. Hames who executed the Power of Attome as Exec. Vice President and Secretary resp=c&eiy were on the date
Amencan Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto sb$iyibed my name a1 affi5ed the corporate seal of the American
on behalf of the person(s) as lis UT ed on he reverse side is a
of the. execution of the attached Power of A Yt omey the duly elected Exec. Vice President and Secretary of the
Motorists Insurance Company on this day of arc ,19 99 .
Er""ay
J. K. Conway, Corporate Secretary
This Power of Attorney limits the.acts of those named therein to +e bonds and undertakings specifi~lly named therein, and they have no authonty to bind the Company except in the manner and to the extent herein stated.
TO VERIFY THIS POWER OF AITORNEY, CALL (847) 320-2108.
'FM 362-10 5-91
Power of Attorney - Term PRINTED IN U.S.A.
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CITY OF CARLSBAD Purchasing Department 1200 Carlsbad Village Drive Carlsbad CA 92008 REPRESENTATION AND CERTIFICATION
I,
The following representation and certification shall be completed, signed and returned tc Carlsbad as a part of the bid package.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, operation and control of the business, in
accordance with the specific definitions listed below is:
Are you currently certifie by CALTRANS?
YES
Certification #:
CE RTI FlCATlO N 0 F BUS I NES S REPRESENTATION(SL
Mark all applicable blanks. This offeror repre: part of this offer that:
This firm is-, is not- a minority busines' This firm is-, is not- a woman-owned b
WOMAN-OWNED BUSINESS: A woman-ow ness is a business of which at least 51 I: owned, controlled and operated by a woman c Controlled is defined as exercising the powei
policy decisions. Operation is defined a: involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE
NO L
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: "Minority Business" is defined as a business, at least 51
percent of which is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration CoNSTRUCTloN CONTRACTOR: defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (Le., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the US. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and
Taiwan).
CE RTlFlCATlO N:
1.
CLASSIFICATION(S): kA
LICENSE NUMBER: 751 5 k 1
TAXPAYERS 1-D- NO. 33- Bms
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1 OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbac
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "Cii i whose adc
hereinaftt
"Contractor" and whose adc
hen
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as fc
1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of Califor
contractor has the option to deposit securities with the Escrow Agent as a substitute for reten
earnings required to be withheld by the City pursuant to the Construction Contract entered in
between the City and Contractor for The La Gran Via Removal and Reconstruction Project
CONTRACT NO. 36671 -B in the amount of
(hereinafter referred to as the "Contract"). Alternatively, on written reques
contractor, the City shall make payments of the retention earnings directly to the escrow ager
When the Contractor deposits the securities as a substitute for Contract earnings, the Escrov shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance
cover negligent acts and omissions of the escrow agent in connection with the handling of re1
under these sections in an amount not less than $100,000 per contract. The market value of
securities at the time of the substitution shall be a least equal to the cash amount then requin
withheld as retention under the terms of the contract between the City and Contractor. Secui
shall be held in the name of the , and shall desig
Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwis
be withheld from progress payments pursuant to the Contract provisions, provided that the
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
agent shall hold them for the benefit of the contractor until such time as the escrow create
this contract is terminated. The contractor may direct the investment of the payments into sf
All terms and conditions of this agreement and the rights and responsibilities of the parties 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
Agent in administering the Escrow Account and all expenses of the City. These expen
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
interest earned on that interest shall be for the sole account of Contractor and shall be SI
withdrawal by Contractor at any time and from time to time without notice to the City.
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow only by written notice to Escrow Agent accompanied by written authorization from City to the Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contract
7. The City shall have a right to draw upon the securities in the event of default by the Cor Upon seven days' written notice to the Escrow Agent from the City of the default, the Escro shall immediately convert the securities to cash and shall distribute the cash as instructel City.
8. Upon receipt of written notification from the City certifying that the Contract is final and c and that the Contractor has complied with all requirements and procedures applicablc Contract, the Escrow Agent shall release to Contractor all securities and interest on dep escrow fees and charges of the Escrow Account. The escrow shall be closed immediatc
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 1 to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold
Agent harmless from Escrow Agent's release, conversion and disbursement of the secur.
interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive writte on behalf of the City and on behalf of Contractor in connection with the foregoing, and exen their respective signatures are as follows:
For City: Title
0
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Name
Signature
Address I For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature I Address
I At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escroi
a fully executed counterpart of this Agreement.
1
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IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer!
date first set forth above. 0 I For City: Title
Name
Signature i Address
For Contractor: Title
Name 1 Signature
Address
For Escrow Agent: Title I Name
1. Address
Signature
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W7/17/98 Contract No. 36671 -B Page 39 of 68F
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I SPECIAL PROVISIONS
FOR
THE LA GRAN VIA REMOVAL AND RECONSTRUCTION PROJEC
CONTRACT NO. 36671-B
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SUPPLEMENTAL PROVISIONS TO 1 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCI
PART I, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBI
1-1 TERMS
Add the following section:
1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sch
or words of similar import are used, it shall be understood that reference is made to tt
accompanying these provisions, unless stated otherwise.
Add the following section:
1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar irr
used, it shall be understood that the direction, designation or selection of the Engineer is ii
unless stated otherwise. The word "required" and words of similar import shall be under
mean "as required to properly complete the work as required and as approved by the Er
unless stated otherwise.
Add the following section:
1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", i
words of similar import are used, it shall be understood such words are followed by the ex
"in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "ai
"acceptance", or words of similar import are used, it shall be understood that the i
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 Contractc
expense, shall perform all operations, labor, tools and equipment, and further, incluc
furnishing and installing of materials that are indicated, specified or required to mean
Contractor, at its expense, shall furnish and install the work, complete in place and read)
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 ex
defined by the definitions assigned to them herein.
Agency -the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
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%#7/17/98 Contract No. 36671 -6 Page 40 of 681
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I City Manager - the City Manager of the City of Carlsbad or hidher approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Man claims submitted by the Contractor. The City Manager is the last appeal level for informal
Engineer - the Public Works Director of the City of Carlsbad or hidher approved represe 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 Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who ar directed, supervised and paid by the Contractor to accomplish the completion of the Work. such employees have their employment taxes, State disability insurance payments, St Federal income taxes paid and administered, as applicable, by the Contractor. When Section 2-3.1 ”own organization” means construction equipment that the Contractor owns o and uses to accomplish the Work. Equipment that is owner operated or leased equipment operator is not part of the Contractor‘s Own Organization and will not be included for the pu compliance with section 2-3.1 of the Standard Specifications and these Special Provisions.
Owner OperatorlLessor - Any person who provides equipment or tools with an operator I who is employed by neither the Contractor nor a subcontractor and is neither an agent or el of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of ay informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract admir and first level for informal dispute resolution.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for
dispute resolution.
@ I resolution.
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SECTION 2 -- SCOPE AND CONTROL OF THE WORK 1 2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions I the Contractor to complete 50 percent of the contract price with its own organization, the may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 pf the value of the work performed in excess of 50 percent of the contract price by other Contractor’s own organization. The City Council shall be the sole body for determinat violation of these provisions. In any proceedings under this section, the prime contractor entitled to a public hearing before the City Council and shall be notified ten (IO) days in ad 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: Dele is listed in the latest version of U.S. Department of Treasury Circular 570,”.
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Modify paragraphs three and four to read: The Contractor shall provide a performancelwarranty bond and payment bond (labor and materials bond) for this contra
faithful performancehvarranty bond shall be in the amount of 100 percent of the contract p
the payment bond shall be in the amount of 50 percent of the contract price. Both bor
extend in full force and effect and be retained by the Agency during this project until
released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount
after recordation of the Notice of Completion and will remain in full force and effect for the (
warranty period and until all warranty repairs are completed to the satisfaction of the Enginc
payment bond shall be released six months plus 30 days after recordation of the b
Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admi
authorized to transact the business of insurance in California and whose assets exec
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to co
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws,
2) A certified copy of the certificate of authority of the insurer issued by the insurance comrni
If the bid is accepted, the Agency may require a financial statement of the assets and liabiliti
insurer at the end of the quarter calendar year prior to 30 days next preceding the dal
execution of the bond. The financial statement shall be made by an officer's certificate as d
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial staterr
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 !
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 sui
thereto, hereinafter designated "SSPWC", as written and promulgated by Joint COC
Committee of the Southern California Chapter American Public Works Association and :
California Districts Associated General Contractors of California, and as amended by the
Provisions section of this contract.
The construction plans consist of Drawing No. 370-7, sheets 1 and 2, and are attached he
standard drawings used for this project are the latest edition of the San Diego Area I
Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Del of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. C
some of the pertinent standard drawings are enclosed as an appendix to these Special Provi
2-5.3.3 Submittals, add the following: When submitted for the Engineer's review, Shop C
shall bear the Contractor's certification that the Contractor has reviewed, checked, and appr
Shop Drawings and that they are in conformance with the requirements of the Contract Doc
The Contractor shall subscribe to and shall place the following certification on all submittals:
instrument entitling or authorizing the person who executed the bond to do so.
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"I hereby certify that the (equipment, material) shown and marked in this submittal is that pro1
be incorporated into this Project, is in compliance with the Contract Documents, can be in5 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 '
record set of blue-line prints, which shall be corrected in red daily and show every change
original drawings and specifications and the exact "as-built" locations, sizes and kinds of eqi
underground piping, valves, and all other work not visible at surface grade. Prints for this
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and
used only as a record set and shall be delivered to the Engineer upon completion of thc
Payment for performing the work required by section 2-5.4 shall be included in various bid itc
no additional payment will be made therefor. 8 2-9 SURVEYING.
2-9.1 Permanent Survey Markers, substitute the following: The Contractor shall no
permanent survey monuments or benchmarks without the consent of the Engineer. Wt
Engineer concurs, in writing, with the Contractor that protecting an existing monument in
impractical, the Contractor shall employ a licensed land surveyor or a registered civil f
authorized to practice land surveying within the State of California, hereinafter surveyor, to c
the location of the monument before it is disturbed. The Contractor shall have the mc
replaced by the surveyor no later than thirty (30) days after construction at the site
replacement is completed. The surveyor shall file corner record(s) as required by §§ 8'
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
permanent survey monument is located, the Contractor shall adjust the monument frame ai
to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Mc
frames and covers shall be protected during street sealing or painting projects or be clean€
satisfaction of the Engineer.
2-9.3 Survey Service, substitute the following: . The Contractor shall hire and pa)
services of a surveyor to perform all work necessary for establishing control, construction
records research and all other surveying work necessary to construct the work, provide SI
services as required herein and provide surveying, drafting and other professional services
to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the sit
all surveying operations and shall personally supervise and certify the surveying work.
Add the following section:
2-9.3.3 Payment for Survey, Payment for work performed to satisfy the requirements of 1
2-9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work
additional payment will be made. Extension of unit prices for extra work shall incl
compensation for attendant survey work and no additional payment will be made therefor. f
for the replacement of disturbed monuments and the filing of corner records shall be incideni
work necessitating the disturbance of said monuments and no additional payment will t
therefor.
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0 2-10 AUTHORITY OF BOARD AND ENGINEER
Add the following section:
2-10.1 Availability of Records,
of all records in the Contractor’s or subcontractor’s possession pertaining to the work
Engineer may request.
Add the following section:
2-1 0.2 Audit And Inspection, Contractor agrees to maintain and/or make available
Engineer, within San Diego County, accurate books and accounting records relative t
activities and to contractually require all subcontractors to this Contract to do the saw
Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcoi
performance pursuant to this Agreement, said monitoring, assessments, and evaluations to
but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and in
of Contractor’s staff and the staff of all subcontractors to this contract. At any time durin:
business hours and as often as the Engineer may deem necessary, upon reasonable .
notice, Contractor shall make available to the Engineer for examination, all of its,
subcontractors to this contract, records with respect to all matters covered by this Contract
permit the Engineer to audit, examine, copy and make excerpts or transcripts from such d
records, and to make audits of all invoices, materials, payrolls, records of personnel, and otl
relating to all matters covered by this Contract. However, any such activities shall be carried
manner so as to not unreasonably interfere with Contractor‘s ongoing business opc Contractor and all subcontractors to this contract shall maintain such data and records for as
may be required by applicable laws and regulations.
The Contractor shall, at no charge to the Agency, providl
SECTION 3 -- CHANGES IN WORK
3-3 EXTRA WORK.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or deci
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjusl
contract unit price for such items will be limited to that portion of the change in excess of 25
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments it-
of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work
3-3.2.2 ( c ) Tool and Equipment Rental, Regar
ownership, the rates and right-of-way delay factors to be used in determining rental and del:
shall be the edition of the, “Labor Surcharge & Equipment Rental Rates” published by CAL‘
current at the time of the actual use of the tool or equipment. The right-of-way delay factors
shall be used as multipliers of the rental rates for determining the value of costs for dela:
Contractor and subcontractors, if any, The labor surcharge rates published therein are not i
this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) 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
second paragraph, modify as follows:
Work by Contractor. The following percentages shall be added to the Contractor
...................
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To the sum of the costs and markups provided for in this section, 1 percent shall be ac
(b) Work by Subcontractor. When all or any part of the extra work is perform( Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor‘ cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portic extra work and a markup of 5 percent on work added in excess of $5,000 of the subco portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, Pay extra work will not be made until such time that the Contractor submits completed daily rep all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS. delete the second sentence of paragraph three, delete p: five (5), and add the following: The Contractor shall not be entitled to the payment of any a compensation for any act, or failure to act, by the Engineer, including failure or refusal to change order, or for the happening of any event, thing, occurrence, or other cause, un Contractor shall have first given the Engineer due written notice of potential claim as he specified. Compliance with this section shall not be required as a prerequisite to notice prov Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differe measurement or errors of computation as to contract quantities. The written notice of potenl for changed conditions shall be submitted by the Contractor to the Engineer upon their disco1 prior to the time that the Contractor performs the work giving rise to the potential claii Contractor’s failure to give written notice of potential claim for changed conditions to the upon their discovery and before they are disturbed shall constitute a waiver of all c connection therewith.
The Contractor shall provide the City with a written document containing a descriptio1 particular circumstances giving rise to the potential claim, the reasons for which the Cc believes additional compensation may be due and nature of any and all costs involved v working days of the date of service of the written notice of potential claim for changed cor Verbal notifications are disallowed.
The potential claim shall include the following certification relative to the California False Cls Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the C False Claims Act, Government Code sections 12650-1 2655. The undersigned further undl and agrees that this potential claim, unless resolved, must be restated as a claim in respon! City’s proposed final estimate in order for it to be further considered.”
By: Title:
0 compensation for bonding.
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add the following after the second sentence:
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1 Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Cc shall submit substantiation of its actual costs to the Engineer within 20 working days affected work is completed. Failure to do so shall be sufficient cause for denial of a subsequently filed on the basis of said notice of potential claim.
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It is the intention of this section that differences between the parties arising under and by virtt
contract be brought to the attention of the Engineer at the earliest possible time in order tl
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK. Add the following:
potential claim prior to commencing any disputed work. Failure to give said notice shall cor
waiver of all claims in connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding witt
resolution pursuant to Public Contract Code provisions specified hereinafter, the contrac
attempt to resolve all disputes informally through the following dispute resolution chain of cor
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. City Engineer I 5. City Manager
The Contractor shall submit a complete report within 20 working days after completioi
disputed work stating its position on the claim, the contractual basis for the claim, along
documentation supporting the costs and all other evidentiary materials. At each level of
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of clain
the Contractor's report and respond with a position, request additional information or requesi
Contractor meet and present its report. When additional information or a meeting is reque
City will provide its position within IO working days of receipt of said additional inform
Contractor's presentation of its report. The Contractor may appeal each level's position up to
Manager after which the Contractor may proceed under the provisions of the Public Contract
The authority within the dispute resolution chain of command is limited to recommending a rt
to a claim to the City Manager. Actual approval of the claim is subject to the change order pi
in the contract.
All claims by the contractor for $375,000 or less shall be resolved in accordance with the prc
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with
201 04) which is set forth below:
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The Contractor shall give the agency written
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ARTICLE I .5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(?) This article applies to all public works claims of three hundred seventy-five t
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 contract(
public agency when the public agency has elected to resolve any disputes pursuant to A
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Codc that "public work" does not include any work or improvement contracted for by the stat
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) pa;
money or damages arising from work done by, or on behalf of, the contractor pursuar
contract for a public work and payment of which is not otherwise expressly provided fc
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by
agency.
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(c) The provisions of this article or a summary thereof shall be set forth in the plans or speci
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.
201 04.2. 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 th
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intc
extend the time limit or supersede notice requirements otherwise provided by contract for the
claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall re:
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, \i
days of receipt of the claim, any additional documentation supporting the claim or re1
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 pursuai
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 subr
the claimant within 15 days after receipt of the further documentation or within a period of
greater than that taken by the claimant in producing the additional information, whichever is E
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to al
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of r( the claim, any additional documentation supporting the claim or relating to defenses to the c
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuai
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 sub1
the claimant within 30 days after receipt of the further documentation, or within a period of
greater than that taken by the claimant in producing the additional information or re
documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to
within the time prescribed, the claimant may so notify the local agency, in writing, either v
days of receipt of the local agency's response or within 15 days of the local agency's f
respond within the time prescribed, respectively, and demand an informal conference to rr
confer for settlement of the issues in dispute. Upon a demand, the local agency shall sct
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 disr
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and C
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Cc
purposes of those provisions, the running of the period of time within which a claim must
shall be tolled from the time the claimant submits his or her written claim pursuant to subdib
until the time that claim is denied as a result of the meet and confer process, including any I
time utilized by the meet and confer process. (9 This article does not apply to tort claims and nothing in this article is intended nor
construed to change the time periods for filing tort claims or actions specified by CI
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claim!
to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of bott
The mediation process shall provide for the selection within 15 days by both parti
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disinterested third person as mediator, shall be commenced within 30 days of the submil shall be concluded within 15 days from the commencement of the mediation unless requirement is extended upon a good cause showing to the court or by stipulation of both p the parties fail to select a mediator within the 15-day period, any party may petition the appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pur Chapter 2.5 (commencing with Section 1141.1 0) of Title 3 of Part 3 of the Code of Civil Prc notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (A (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedu apply to any proceeding brought under the subdivision consistent with the rules pertaining tc arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators ay for purposes of this article shall be experienced in construction law, and, upon stipulatior parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pz exceed their customary rate, and such fees and expenses shall be paid equally by the except in the case of arbitration where the arbitrator, for good cause, determines a different 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 1141.1 0) Title 3 of Part 3 of the Code Procedure, any party who after receiving an arbitration award requests a trial de novo but c obtain a more favorable judgment shall, in addition to payment of costs and fees under that 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 med
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arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is unc 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 arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed ir of law.
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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 ar access to any and all parts of work at any time. Such free and safe access shall include mc safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertainin! safety of persons as contained in the State of California, California Code of Regulations, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Orders and such other safety regulations as may apply. Contractor shall furnish Engine such information as may be necessary to keep the Engineer fully informed regarding progrc manner of work and character of materials. Inspection or testing of the whole or any portiot work or materials incorporated in the work shall not relieve Contractor from any obligation this Contract.
4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from sentence of the first paragraph.
add the following: Except as specified in these Special Provisions, the Agency will bear thc testing of locally produced materials andlor on-site workmanship where the results of su meet or exceed the requirements indicated in the Standard Specifications and the Provisions. The cost of all other tests shall be borne by the Contractor.
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At the option of the Engineer, the source of supply of each of the materials shall be approve
Engineer before the delivery is started. All materials proposed for use may be inspected or 1
any time during their preparation and use. If, after incorporating such materials into the W found that sources of supply that have been approved do not furnish a uniform product,
product from any source proves unacceptable at any time, the Contractor shall furnish a
material from other approved sources. If any product proves unacceptable after improper
handling or for any other reason it shall be rejected, not incorporated into the work and
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 exc
requirements of the specifications shall be borne by the Agency. Said tests may be madl
place along the work as deemed necessary by the Engineer. The costs of any retesi
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
satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the sub:
is determined to be unsatisfactory in performance, appearance, durability, compatibili
associated items, availability of repair parts and suitability of application the Contractor shall I
the substituted item and replace it with the originally specified item at no cost to the Agency.
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I SECTION 5 -- UTILITIES
5-1 LOCATION. Add the following: The Agency and affected utility companies have, by i
of known records, endeavored to locate and indicate on the Plans, all utilities which exist w
limits of the work. However, the accuracy and/or completeness of the nature, size and/or lo(
utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION. Add the following: In order to minimize delays to the Contractor cause
failure of other parties to relocate utilities that interfere with the construction, the Contract(
request to the Engineer, may be permitted to temporarily omit the portion of work affectec
utility. Such omission shall be for the Contractor's convenience and no additional compens:
be allowed therefor. The portion thus omitted shall be constructed by the Contractor imn-
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 subsecti
and substitute the following: The Contractor shall begin work within fifteen( 15) calendar da) receipt of the "Notice to Proceed". The Contractor shall begin work on a Monday and end H
the Friday of that same week.
Add the following section:
6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engir
set the time and location for the Preconstruction Meeting. Attendance of the Con.
management personnel responsible for the management, administration, and execution project is mandatory for the meeting to be convened. Failure of the Contractor to hi
Contractor's responsible project personnel attend the Preconstruction Meeting will be grot
default by Contractor per section 6-4. No separate payment will be made for the Con attendance at the meeting. The notice to proceed will only be issued on or after the compl 0 the preconstruction meeting.
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Add the following section:
6-1.2 Measurement And Payment Of Construction Schedule. The Contractor’s prel revision and maintenance of the Construction Schedule are incidental to the work and no :
payment will be made therefor.
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6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equiprr materials, and performing all operations necessary to complete the Project Work as showi
Project Plans and as specified in the Specifications. Contractor shall order items of work s one(1) twelve foot lane shall be available for use at all times.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide writtc
to the Engineer within two hours of the beginning of any period that the Contractor has pla
workers or equipment on standby for any reason that the Contractor has determined to be ci
the Agency or by any organization that the Agency may otherwise be obligated by. The Cc
shall provide continuing daily written notice to the Engineer, each working day, througl
duration of such period of delay. The initial and continuing written notices shall incl
classification of each workman and supervisor and the make and model of each piece of ec
placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the (
the delay and a cogent explanation of why the Contractor could not avoid the delay by re;
means. Should the Contractor fail to provide the notice(s) required by this section the Cc
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 prosec
work to completion within5 working days after the starting date specified in the Notice to Prc
6-7.2 Working Day. Unless otherwise approved in writing by the E
the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays
Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the E
if the Contractor desires to work outside said hours or at any time during weekends and/or h
This written permission must be obtained at least 48 hours prior to such work The Engin
approve work outside the hours and/or days stated herein when, in hidher sole opinion, SL
conducted by the Contractor is beneficial to the best interests of the Agency. The Contrac pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the followin
The Engineer will not accept the Work or any portion of the Work before all of the I
completed and all outstanding deficiencies that may exist are corrected by the Contractor i
Engineer is satisfied that all the materials and workmanship, and all other features of thc
meet the requirements of all of the specifications for the Work. Use, temporary, intc
permanent, of all, or portions of, the Work does not constitute acceptance of the Work. I1
Engineer’s judgment, the Work has been completed and is ready for acceptance the Engin
so certify to the Board. Upon such certification by the Engineer the Board may acc
completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “N
Completion” to be filed in the office of the San Diego County Recorder. The date of recc
shall be the date of completion of the Work.
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Add the following:
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Delete the first sentence of the third paragraph and substitute the following two sentence'
work shall be warranted for one (1) year after recordation of the "Notice of Completion" i
faulty work or materials discovered during the warranty period shall be repaired or replacec
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be I
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 z
of the second paragraph and add the following: For each consecutive calendar day in e
the time specified for completion of Work, as adjusted in accordance with 6-6, the Contra(
pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00)
Execution of the Contract shall constitute agreement by the Agency and Contractor that ($5C
per day is the minimum value of costs and actual damages caused by the Contractor to com
Work within the allotted time. Any progress payments made after the specified completion d
not constitute a waiver of this paragraph or of any damages.
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SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insu
have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to
business in the state of California and are listed in the official publication of the Depar
Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to b
with insurers that are admitted and authorized to conduct business in the state of California listed in the official publication of the Department of Insurance of the State of California.
issued by the State Compensation Fund meet the requirement for workers' compensation in:
7-5 PERMITS. E
specified herein the agency will obtain, at no cost to the Contractor, all encroachment, righ
grading, resource agency and building permits necessary to perform work for this cor
Agency property, in streets, highways (except State highway right-of-way), railways or othc
of-way. Contractor shall not begin work until all permits incidental to the work are obtainc
Contractor shall obtain and pay for all permits for the disposal of all materials removed
project. The cost of said permit(s) shall be included in the price bid for the appropriate bid I
no additional compensation will be allowed therefor.
Delete the first sentence and add the following four sentences:
I 7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination, The Contractor shall coordinate and cooperate with all the utility COI
during the relocation or construction of their lines. The Contractor may be granted a time e.
if, in the opinion of the Engineer, a delay is caused by the utility company. No a1
compensation will be made to the Contractor for any such delay. I
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7-8 PROJECT SITE MAINTENANCE.
0 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control require
shall also be executed on weekends and other non-working days when needed to pres
health safety or welfare of the public. The Contractor shall conduct effective cleanup i
control throughout the duration of the Contract. The Engineer may require increased I cleanup and dust control that, in hidher sole discretion, are necessary to preserve the healt
and welfare of the public. Cleanup and dust control shall be considered incidental to the
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
construction meter for water used for the construction, plant establishment, maintenance,
testing and all other work requiring water related to this contract. The Contractor shall COI
appropriate water agency for requirements.
The Contractor shall pay all costs of temporary light, power and water including hookup,
meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be co
incidental to the items of work that they are associated with and no additional payment will L
therefor.
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be e
with mufflers in good repair when in use on the project with special attention to the City Noise
Ordinance, Carlsbad Municipal Code Chapter 8.48.
a
7-10 PUBLIC CONVENIENCE AND SAFETY. 1. Add the following:
7-10.1 The Contractor shall schedule the work so as to prevent damage by all traffic, inclul
not limited to mail delivery. At least two weeks prior to work, Contractor shall send notificatio
to all properties on La Gran Via between Madrilena Way and Levante Street, and all prop€
Calina Way. Obtaining the appropriate addresses shall be the contractor's responsibility.
shall be in a format as shown in Appendix "A".
Twenty four hours prior to the start of paving operations, the Contractor shall give written no
of the impending disruption. All residences on La Gran Via between Madrilena Way and Levi
and Calina Way shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin
anticipated duration. The notification shall list two telephone numbers that may be called tc
additional information. One number shall be the Contractor's permanent office or field office
other number shall be a 24 hour number answered by someone who is knowledgeable at
project. At least one of the phone numbers shall be in the (760) area code. An answering r
shall not be connected to either number. The Contractor shall submit the contents of the not
to the Engineer for approval. Notices shall not be distributed until approved by the Engineer.
The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob withou
adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly co
with contrasting printing. The material shall be equivalent in strength and durability to 65 Ib. c
stock. The printing on the notice shall be no smaller than 12 point. The language and layout
notification shall adhere to the sample found in Appendix 8. 1
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The preparation, materials, printing and distribution of the notifications shall be included in th
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
7-1 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls st
. accordance with the plans, Chapter 5 of the California Department of Transportation "N
Traffic Controls," 1996 edition and these Special Provisions. If any component in the traffi
system is damaged, displaced, or ceases to operate or function as specified, from any caus
the progress of the work, the Contractor shall immediately repair said component to it:
condition or replace said component and shall restore the component to its original locatioi
event that the Contractor fails to install and/or maintain barricades or such other trafl
markings, delineation or devices as may be required herein, the Engineer may, at his,
option, install the traffic signs, markings, delineation or devices and charge the Contractc
dollars ($20.00) per day per traffic sign or device, or the actual cost of providing such traffi
facility, whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. AI1 construction traffic signs an
devices shall be maintained throughout the duration of work in good order and accordin
approved traffic control plan. All construction area signs shall conform to the provisions o
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions o
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of sed
5.2 et seq. All paint for temporary traffic striping, pavement marking, ami curb marking shall
to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid c
borne conforming to CALTRANS Specification No. 801 0-91 D-30. Warning and advisory sigi
and devices installed or placed to provide traffic control, direction and/or warning shall be fi
installed and maintained by the Contractor. Warning and advisory signs, lights and devices
promptly removed by the Contractor when no longer required. Warning and advisory si
remain in place overnight shall be stationary mounted signs. Stationary signs that warn
existant conditions shall be removed from the travelled way and from the view of motoris
travelled way or shielded from the view of the travelling public during such periods tt
message does not pertain to existing conditions. Care shall be used in performing excav
signs in order to protect underground facilities. All excavation required to install sl
construction area signs shall be performed by hand methods without the use of power equ
Warning and advisory signs that are used only during working hours may be portable
Portable signs shall be removed from the travelled way and shielded from the view of the t
public during non-working hours. Dp' rkness, as defined in Division 1,
280, of the California Vehicle Cod I be illuminated or, at the optio
Contractor, shall be in conformance ection 206-7.2 et seq. If illuminatc
cones rather than post-type delineators are used during the hours of darkness, they shall bc
or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications'
the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees she
parked within the traveled way, including any section closed to public traffic. When(
Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic II
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on
in advance of the parked vehicles or equipment and along the edge of the pavement at 7.6
intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A n
of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Af
C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or tele
flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer
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Add the following section:
7-10.3.2 Maintaining Traffic. During the entire construction, a minimum of one traffic lane,
than 3.6m (12’) wide, shall be open for use by local traffic. Traffic shall be one way traffic on
northerly half of La Gran Via entering from Levante St. and exiting from Madrilena Way. Noi
on Calina Way left hand turn only will be allowed. No parking signs specifying the
construction shall be placed on La Gran Via at least one week prior to construction. Con
signing, Type Ill Barricades(W=6’), Type I barricades, and traffic signs attached to Barric
shown on the plans shall be posted prior to any construction activity. Flaggers shall be F
Calina and La Gran Via directing cross traffic at all times. Portable delineators shall be 1
delineate edge of travel way. Type I barricades with flashers shall be placed over expose
and survey frames.
After existing asphalt concrete removal and excavation, temporary ramp/approaches
constructed per the plans on all driveways when elevation differences greater than or eq
exist between the depressed driveway approach and the excavated roadway area. The te
ramps shall be constructed before the end of each working day. Temporary ramps
constructed per the plans when an elevation difference greater than or equal to 2” exists
the sawcut edge of La Gran Via at Madrilena Way and the excavated roadway and the saw.
of La Gran Via at Levante St. and the excavated roadway. If the above mentioned condition
any time, temporary ramps shall be constructed and remain until paving begins. Temporar
will be constructed per the plans when an elevation difference greater than or equal to :
between the existing cross gutter at Calina Way and the excavated roadway. If the above (
exists at any time, temporary ramps shall be constructed and remain in place until paving
Native material shall be used and compacted per section section 301-1.3. for the te
rampslapproaches. During construction, access shall be allowed at all times to all reside
front La Gran Via and Calina Way.
Add the following section:
7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists o
traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CAI
“Manual of Traffic Control”, 1996 edition and provisions under “Maintaining Traffic” else\
these Special Provisions. The provisions in this section will not relieve the Contractor
responsibility to provide such additional devices or take such measures as may be nece
maintain public safety.
When lanes are closed for only the duration of work periods, all components of the traffic
system, except portable delineators placed along open trenches or excavation adjacer
traveled way, shall be removed from the traveled way and shoulder at the end work perioc
Contractor so elects, said components may be stored at selected central locations, approve1
Engineer, within the limits of the right-of-way.
Add the following section:
7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be fu
placed, maintained and removed in accordance with the minimum standards specified in CI
of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work
obliteration of pavement delineation, temporary or permanent pavement delineation shall be
prior to opening the traveled way to public traffic. Lane line or centerline pavement delineat
be provided at all times for traveled ways open to public traffic. All work necessary, incluc
required lines or marks, to establish the alignment of temporary pavement delineation
performed by the Contractor. When temporary pavement delineation is removed, all lines an
used to establish the alignment of the temporary pavement delineation shall be removed by !
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Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose n
Temporary pavement delineation shall not be applied over existing pavement delineation @ temporary pavement delineation. Temporary pavement delineation shall be maintain
superseded or replaced with permanent pavement delineation.
Temporary pavement delineation shall be removed when, as determined by the Engin
temporary pavement delineation conflicts with the permanent pavement delineation or wit
traffic pattern for the area and is no longer required for the direction of public traffic.
temporary pavement delineation is required to be removed, all lines and marks used to esta
alignment of the temporary pavement delineation shall be removed.
Add the following section:
7-10.3.7 Payment. The Contractor shall provide traffic control at the contract lump sum p
The contract lump sum price paid for "traffic control" shall include full compensation for furni
labor (including flagging costs), materials (including signs, portable delineators, barricade:
equipment and incidentals for maintaining traffic as specified in these special provisions,
doing all the work involved in placing, removing, storing, maintaining, moving to new I(
replacing, and disposing of the components of the traffic control system as shown on the pl
approved additions and modifications, as specified in these special provisions, and as din
the Engineer. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic (
Construction of temporary ramps/approaches as specified in the plans and these special pr
shall be included in the payment for Traffic Control. Removal and recompaction of material the temporary ramps/approaches prior to paving shall also be inclued in the the contract u
bid for Traffic Control. Progress payments for "Traffic Control" will be based on the perce I the improvement work completed.
1 Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all ne
precautions for the safety of employees on the work and shall comply with all applicable prov
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to
on, about, or adjacent to the premises where the work is being performed. The Contrac
erect and properly maintain at all times, as required by the conditions and progress of the
necessary safeguards for the protection of workers and public, and shall use danger signs against hazards created by such features of construction as protruding nails, hoists, well hc I falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect ti
include Chapter 11.06. Excavation and Grading.
materials, such as borrow pits or gravel beds, for use in the proposed construction projel
would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the cc
established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conc
the contract.
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If this notice specifies locations or
SECTION 9 -- MEASUREMENT & 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
the U.S. Standard Measures.
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9-3 PAYMENT.
@ 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee
shall not be affected by any payment but shall commence on the date of recordation of the u
Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the fol
Each month, the Engineer will make an approximate measurement of the work performec
closure date as basis for making monthly progress payments. The estimated value will be b(
contract unit prices, completed change order work and as provided for in Section 9-2
Standard Specifications (SSPWC). Progress payments shall be made no later than thi
calendar days after the closure date. Five (5) working days following the closure date, the E
shall complete the detailed progress pay estimate and submit it to the Contractor
Contractor’s information. Should the Contractor assert that additional payment is d
Contractor shall within ten (IO) days of receipt of the progress estimate, submit a suppl
payment request to the Engineer with adequate justification supporting the amount of suppl
payment request. Upon receipt of the supplemental payment request, the Engineer shall,
as practicable after receipt, determine whether the supplemental payment request is a
payment request. If the Engineer determines that the supplemental payment request is not then the request shall be returned to the Contractor as soon as practicable, but not later thai
(7) days after receipt. The returned request shall be accompanied by a document setting
writing the reasons why the supplemental payment request was not proper. In conformar
Public Contract Code Section 20104.50, the City shall make payments within thirty (30) da
receipt of an undisputed and properly submitted Supplemental payment request frc
Contractor. If payment of the undisputed supplemental payment request is not made with
(30) days after receipt by the Engineer, then the City shall pay interest to the Contractor eq
to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure
Delete the third paragraph and substitute the following: The Agency shall retain 10 percen
estimated value of the work done as part security for the fulfillment of the contract by the Cc
except that at any time after 50 percent of the work has been completed, if the Engineer f satisfactory progress is being made, the Agency may reduce the total amount being retair
payment pursuant to the above requirements to 5 percent of the total estimated value of s
and materials. In addition, on any partial payment made after 95 percent of the work h
completed, the Agency may reduce the amount withheld from payment pursuant to the requ
of this Section to such lesser amounts as the Engineer determines is adequate securit!
fulfillment of the balance of the work and other requirements of the contract, but in no event
amount be reduced to less than 125 percent of the estimated value of the work yet to be cc
as determined by the Engineer. Such reduction will only be made upon the written requel
Contractor and shall be approved in writing by the surety on the Performance Bond an(
surety on the Payment Bond. The approval of the surety shall be submitted to the Engir
signature of the person executing the approval for the surety shall be properly acknowledged
power of attorney authorizing the person executing the approval to give such consent mu
accompany the document or be on file with the Agency.
Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final f
Estimate and process a corresponding payment. This estimate will be in writing and shall b
total amount owed the Contractor as determined by the Engineer and shall be itemizec
contract bid item and change order item with quantities and payment amounts and shall deductions made or to be made for prior payments and amounts to be deducted under prov
the contract. All prior estimates and progress payments shall be subject to correction in t
Payment Estimate.
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The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate
written statement disputing any bid item or change order item quantity or payment amou
Contractor shall provide all documentation at the time of submitting the statement suppc
position. Should the Contractor fail to submit the statement and supporting documentation H
time specified, the Contractor acknowledges that full and final payment has been madl
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned t
Engineer will review the disputed item within 30 calendar days and make any apy
adjustments on the Final Payment. Remaining disputed quantities or amounts not approve
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 En<
ascertain the basis and amount of said disputed items. The Engineer will consider the meri
Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonz
such further information and details as may be required by the Engineer to determine the
contentions involved in its claims. Failure to submit such information and details will be :
cause for denying payment for the disputed items.
9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disi
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be si
in a written statement by the Contractor no later than the date of receipt of the final y
estimate. Those final payment items disputed in the written statement required in subsectic
shall be submitted no later than 30 days after receipt of the Final Payment estimate. No clair
considered that was not included in this written statement, nor will any claim be allowed fc
written notice or protest is required under any provision of this contract including secti
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has compl
notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to asce
basis and amount of said claims. The Engineer will consider and determine the Contractor'
and it will be the responsibility of the Contractor to furnish within a reasonable time suct
information and details as may be required by the Engineer to determine the facts or con
involved in its claims. Failure to submit such information and details will be sufficient G denying the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for thosc
approved by the Engineer. The Contractor shall proceed with informal dispute resolutiot
subsection 3-5, Disputed Work, for those claims remaining in dispute.
Add the following section:
9-3.3.1 Delivered Materials.
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 V
be made at the stipulated lump-sum price bid therefor in the bid schedule. The Contract lui
price paid for mobilization shall not exceed seven thousand dollars ($7,000), and inch
compensation for furnishing all insurance, bonds, licenses, labor, materials, utilities, tools, eqi
and incidentals, and for doing all the work involved in mobilization and preparatory w(
operations, including, but not limited to, those necessary for the movement of personnel, eqi
supplies, and incidental to preparing to conduct work on and off the project site and othe
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The cost of materials and equipment delivered but not incor
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facilities necessary for work on the project; for all other facilities, sureties, work and operatior
must be performed or costs incurred prior to beginning work on various contract items on c
project site, excepting those specifically paid for under separate sections of these specific . The Contractor hereby agrees that the stipulated lump sum amount is sufficient for Mobiliza
Preparatory Work, as described in this section, and that the Contractor shall have no
additional compensation for Mobilization and Preparatory Work.
Progress payments for Mobilization and Preparatory Work will be made as follows:
For the first progress payment (after the issuance of the Notice to Proceed), forty percent [
the amount bid for Mobilization And Preparatory Work will be allowed. For the second 1
payment, an additional sixty percent (60%) of the amount bid for mobilization and preparatc
will be allowed therefor.
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
e
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class Dl-AR 4000 fo
course, and B-AR 4000 for base course.
203-6.6.1, Batch Plant Method, modify as follows:
from the Engineer‘s field laboratory”. Last paragraph, add after D 2172: “method A or 6.”
203-6.7 Asphalt Concrete Storage. Open graded asphalt concrete st
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be I
the work.
Third paragraph, last sentence, dele
add the following:
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section: 0
206-7 TRAFFIC SIGNS.
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used foi
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 poi
signs.
Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian
shall conform to the requirements of “Specifications For Reflective Sheeting Signs, October
Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October 16
dimensions and details, dated April 1987, and ”OPAQUE COLOR CHART”, dated February
all published by the State of California, Department of Transportation, Division of Procurc
Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 a
modified herein. Where The ”Specification For Reflective Sheeting Signs, October 1993” requi
Contractor or supplier to notify the Department of Transportation or to certify compliance to
“Specifications For Reflective Sheeting Signs, October 1993”, to provide a quality control progr
to allow testing, approval, observation of manufacturing or assembly operations by the St
California, Department of Transportation and/or its employees or officials, such rights sh @ vested in the Engineer.
7/17/98 Contract No. 36671 -B Page 59 of 85Pa! q
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 2, CONSTRUCTION MATERIALS
1.
SECTION 203 - BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE.
203-6.2 Materials. Add the following: Asphalt concrete shall be class C2-AR 4000 for course, and B-AR 4000 for base course.
203-6.6.1, Batch Plant Method, modify as follows: Third paragraph, last sentence, delc
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 I
excess of 2 hours, and any other asphalt concrete stored in excess of 18 hours, shall not be
the work. 4
10 206-7 TRAFFIC SIGNS.
SECTION 206 - MISCELLANEOUS METAL ITEMS
Add the following section:
Add the following section:
206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used fc
direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during tt
Contractor’s performance of the Work. Temporary traffic signs include both stationary and PC
signs.
Add the following section:
206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traf
used for the direction, warning, and regulation of vehicle (including bicycle) and pedestriz
shall conform to the requirements of “Specifications For Reflective Sheeting Signs, Octobe
Sheets 1 through 5 that accompany “Specifications For Reflective Sheeting Signs, October
dimensions and details, dated April 1987, and “OPAQUE COLOR CHART”, dated February .
published by the State of California, Department of Transportation, Division of Proc
Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819
modified herein. Where The “Specification For Reflective Sheeting Signs, October 1993” rec
Contractor or supplier to notify the Department of Transportation or to certify compliance
“Specifications For Reflective Sheeting Signs, October 1993, to provide a quality control prc to allow testing, approval, observation of manufacturing or assembly operations by the
California, Department of Transportation andlor its employees or officials, such rights shall bc
in the Engineer.
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Add the following section:
206-7.2.2 Drawings. Modify the “Specifications For Reflective Sheeting Signs, October ’
follows: Standard temporary traffic signs shall be as per the most recently approved “f
Sign Specification Sheets” of the State of California, Department of Transportation. The
approval shall be the date most closely preceding the date of manufacture of the sign@) or
of the “Notice to Proceed” of this contract, whichever is most recent.
Add the following section:
206-7.2.3 Reflective Sheeting. Modify the “Specifications For Reflective Sheeting Signs,
1993” as follows: All advisory signs, war in signs and all regulatory signs, excepting 01
hereinafter listed, shall be fabricated withy$$? Ill encapsulated lens sheeting conformir
requirements of this specification. The signs listed below shall be fabricated with
encapsulated lens sheeting conforming to the requirements of this specification. Regulatc
which shall be fabricated with Type I1 encapsulated lens sheeting are: R5; R24 throL
including, R32B; R47 through, and including, R53C; R62A through, and including, R6:
through, and including, R96C; and R99 through, and including, R105A. All sign designatic
be as per the “Traffic Manual”, 1996 revision, as published by the California Deparl
Transportation.
Add the following section:
206-7.2.4 Substrate. Modify the “Specifications For Reflective Sheeting Signs, October ’
follows: Excepting only construction warning signs used at a single location during daylig
for not more than five (5) consecutive days, all signs used for the direction, warning, and re
of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and s
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206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted tempora
signs shall be installed on wood posts in the same manner shown on the State of Ci
Department of Transportation “Standard Plans” 1995 edition standard plans numbers RS
RS3 and RS4 for installation of roadside signs, except as follows:
a) Back braces and blocks for sign panels will not be required.
b) The height to the bottom of the sign panel above the edge of traveled way shall be
2.1 m (7’).
c) Construction area sign posts may be installed on above ground temporary platfc
supports as approved by the Engineer, or the signs may be installed on existing
standards or other supports as approved by the Engineer. When construction arc
are installed on existing lighting standards, holes shall not be made in the stani
support the sign.
d) The post embedment shall be 0.8-m (32”) if post holes are backfilled around the pc
295-C-17 (500-C-2500) portland cement concrete.
e) When break-away sign posts (SDRS M-45) are used one post shall be provided
0.48 m2 (5 ff)of sign area.
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Add the following section:
206-7.2.6 Temporary Traffic Sign Posts.
constructed of select heart grade redwood; No. 1 heart structural grade redwood (1 0509; No.
structural grade redwood (9009; light framing construction grade Douglas fir, free of heart cc
structural light framing No. 1 grade Hem-Fir, free of heart center. Posts, 90 mm x 143 mm
nom.) in size, shall be constructed of select heart grade redwood; select heart structurz
redwood (1 1009; No. 1 heart structural grade redwood (9509; structural joists and plank
grade Douglas fir, free of heart center; or structural joists and planks, No. 1 grade Hem-Fir
heart center. Posts larger than 90 mm x 143 mm (4” x 6” nom.) in size shall be constructed (
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Posts, 90 mm x 90 mm (4” x 4” nom.) in size,
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heart grade redwood; No. 1 heart structural grade redwood (9500; posts and timbei
(structural) grade Douglas fir, free of heart center; or posts and timbers select structural grac
Fir, free of heart center.
Posts shall be graded in accordance with Section 204-1 SSPWC. Sweep shall not exceec
(1”) in 3.0 m (IO’). Before preservative treatment, Douglas fir and Hem-Fir posts shall be sc
to a moisture content of not more than 25 percent as measured at the midpoint of the PO
outer 25 mm (I”), using an approved type of moisture meter, in accordance with ASTM Des
D 4444.
At the time of delivery to the job site, all treated posts shall have a moisture content of not m
25 percent when tested as described above. The posts shall conform in all respects to the I
grading requirements at the time of delivery to the job site.
Douglas fir and Hem-Fir posts shall be treated with either ammoniacal copper arsenate, amr
copper zinc arsenate, copper naphthenate or pentachlorophenol in hydrocarbon solvent i
dance with the provisions in Section 204-2 SSPWC. Posts shall be incised and the r
retention of preservative shall be as specified in AWPA Standards.
The cutting of the ends of wood posts in the field will be permitted. Where field cutting or I
wood posts is performed after treatment, all cuts and holes shall be thoroughly swabbed, sp
brushed with 2 applications of the same type of preservative as initially used or copper napt-
Application of preservative in the field shall conform to the requirements in the last para
Section 204-2 SSPWC.
Wood block spacers, inserted between the post and the sign panel on single post instalk
shown on the plans, shall be treated with preservative in the same manner as specified 1
posts.
Unless specified in the special provisions or shown on the plans, wood posts and blocks shz
painted.
Post size and number of posts shall be as shown on the plans, except that when stationary I
signs are installed and the type of sign installation is not shown on the plans, post size
number of posts will be determined by the Engineer. Sign panels for stationary mounted si6
consist of Type lllA reflective sheeting applied to a sign substrate. Sign panels shall confor
requirements specified for aluminum signs in the “Specifications For Reflective Sheetinc
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Add the following section:
206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall c
a base, standard or framework and a sign panel. The units shall be capable of being deliver(
site of use and placed in immediate operation. Sign panels for portable signs shall confor
requirements of sign panels for stationary mounted signs in the “Specifications For R
Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric,
approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color,
end requirements for portable signs shall be as described for stationary mounted sign F
section 206-7.2 of these Special Provisions. The height to the bottom of the sign panel a1
edge of traveled way shall be at least 0.3-m (12”). All parts of the sign standard or framew
be finished with 2 applications of an orange enamel which will match the color of the si!
background. Testing of paint will not be required.
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SUPPLEMENTAL PROVISIONS
TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION
PART 3, CONSTRUCTION METHODS
I.
SECTION 300 - EARTHWORK
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General. add the following: Unclassified excavation shall include removal and :
of suitable material, recompaction, mixing, grading for mitigation work, trenching and bad
storm drains, sewers, other utilities, disposal of unsuitable materials, all cut and fill including
and recompaction of unsuitable soil, salvaging clean excavated material and filling area:
required grades and cross section. Unclassified excavation shall be utilized onsite to makc
shown on the plans. Unclassified excavation shall also include scarification and moisture adj
and compaction of the top 300 mm (1’) of the subgrade in the roadway prism in cut are:
percent relative compaction, export of remaining excess material to a disposal site or SF
acquired by the Contractor and pumping and disposal of storm and ground water.
300-2.2.1 General. add the following: Alluvial and colluvial removal and recompacti consist of excavating, blending and recompacting loose soils in areas that are designated to
fills. The existing loose soils shall be removed until a firm unyielding surface is exposed
depth determined by the Engineer. If the excavated material contains 4%, or more, water
optimum moisture content the Contractor shall blend the wet soil with soils having a lower I
content and/or spread the excavated material in a manner that enables the material tc
optimum moisture content. The cost of spreading and/or drying shall be included in the cont
price for removal and recompaction. The excavated material shall be placed and comp
accordance with section 300-4 of the specifications except that section 300-4.9, Measurer
300-2.2.1 General. add the following to the first paragraph: Such direction may include, b limited to, directing the Contractor to blend, adjust moisture content of, rework, and place ur
soils at specific locations or elevations on the site.
Add the following section:
300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacc
fill, alluvium, and colluvium may exist within portions of the Project site. Where required
Engineer, such compressible soils shall be removed from areas to receive fill or from are:
which surface improvements are to be placed. The removal and disposal of such compressil
shall be paid for at the Contract Unit Price for unclassified excavation unless it is cor
otherwise unsuitable by the Engineer in which case it may be paid for in accordance with
lo
I Payment, shall not apply.
I 300-2.2.1.
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300-2.2.4 instability of Cuts. Add the following: The Contractor shall remove additional
as directed by the Engineer to improve the stability of excavated cuts. The removal
excavated material shall be paid for at the Contract Unit Price for unclassified excavation un
considered otherwise unsuitable by the Engineer, in which case it will be paid for in accorda
Subsection 300-2.2.1.
300-2.6 Surplus Material. add the following: The Contractor shall haul and dispose of al
material from the project. The Contractor shall utilize highway legal haul trucks for this E
material from the project site and to a site secured by the contractor. No earth moving equii
special construction equipment, as defined in section 565 of the California Vehicle Code
allowed for hauling material on public streets.
300-2.9 Payment. add the following: Payment for work performed under sections 300-2.:
2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable,
made for the actual labor, materials and equipment used to accomplish the work as per sei
EXTRA WORK of the specifications.
300-2.9 Payment substitute the following: Payment for Unclassified Excavation will be ma( unit price bid in the proposal. Only the quantity of unclassified excavation measured shall for. No excavated material which is re-excavated will be paid for. For progress paymc
quantity of unclassified excavation shall be estimated by the Engineer . The Engineer‘s calc shall be considered the definitive determinant for quantities for final payment. All topc surveying and calculations necessary to quantify payment quantities for Unclassified Ex shall be performed by the Engineer.
Add the following section:
300-2.10 Grading Tolerance. Excavated areas other than slopes and subgrade below str
within the roadway and sidewalk areas shall be finished within 30 mm (0.1’) of the grades SI
the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPW( D 0
300-12 REMOVE ASPHALT CONCRETE PAVEMENT
Remove Asphalt Concrete Pavement Remove Asphalt Concrete Pavement shall
sawcutting and removal of existing asphalt concrete pavement as designated on the plans
directed by the Engineer.
The work shall conform to the provisions in Subsection 300-1.3, “Removal and Disl
Materials”, of the SSPWC and these special provisions. Asphalt concrete pavement materiz
be left stockpiled overnight and must be removed before the end of the working day. Rei
asphalt concrete pavement shall be accomplished without damage to existing curb, gut
sidewalk, utility valve boxes, sewer manholes, survey monuments, and mailboxes. Damagc
items will require replacement per SDRS, relevant utility owner standards and specification5
Carlsbad standards, and as directed by the Engineer. No extra compensation will be all(
replacement of items to be protected in place.
Full compensation for conforming to the requirements of Remove Asphalt Concrete shall
sawcutting existing pavement at limits shown on the plans, removal and disposal of asphalt c
protection of the existing facilities, furnishing labor, tools, equipment, and materials necei
doing the work, and shall be considered as included in the contract unit price bid per cubic !
no additional compensation will be allowed therefor.
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SECTION 301 -TREATED SOIL, SUBGRADE PREPARATION Ah 1 PLACEMENT OF BASE MATERIALS
301 -1 SUBGRADE PREPARATION.
301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows:
each instance reading “1 50mm (6 inches)” to “300 mm (1 2’)’’.
301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: TI 300 mm (12) of subgrade beneath areas to be paved and shall be compacted to no less
percent maximum dry density as determined by ASTM test D-I 557-91. Compaction of te ramplapproaches shall be to the approval of the engineer.
301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparai
be included in the contract bid price for unclassified excavation and shall include all labor, n
including water, operations and equipment to scarify, adjust moisture, compact or recom
subgrade, both in cut areas and in fill areas, and no further compensation will be allowed.
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SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.2.5 Pavement Transitions. Modify as follows: Structures and vertical joints in t
milled area which are transverse to through traffic shall be ramped with temporary asphalt (
pavement as specified in section 306-1.5.1. Ramps shall be constructed the same day
milling and removed the same day as permanent paving. Ramp dimensions and compact
be as approved by the Engineer.
302-5.4 Tack Coat. add the following: Tack coat will be required between the SUI
interfaces of existing pavement and new pavement, when in the opinion of the engin
Contractor has failed to maintain or prepare each existing or previously laid course of
receiving the subsequent course of asphalt in a sufficiently clean state and the asphalt rece
new pavement course is dirty enough to impair bonding between the next lift of asphalt.
302-5.5 Distribution and Spreading. modify as follows After second sentence
paragraph, add: The spreading and finishing machine used to construct the asphalt I
surface course shall be equipped with an automatic screed control for surface course pavi
automatic screed control shall be 9 m (30’) minimum length. The paving machine shall be c
by an operator and two full-time screed men during all paving. A backup paving machine
onsite during all paving operations. A backup asphalt windrow pickup machine (ASPWP:
required at all times when a ASPWP is used. Additionally, a front end loader will be required c
ASPWP paving.
Asphalt concrete lifts shall be constructed in two(2) - four inch base courses, and one(1) - (
finish course. Asphalt Concrete shall be Class B-AR-4000 for the base courses, and Class
4000 for the finish course. Leveling courses will be required in a variable thickness pi
section.
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I 302-5.6.1 General. modify as follows: Second paragraph, Part (2), add: Pinched joii procedures shall be required, and vibratory rollers shall be limited to breakdown, unless o
modify as follows: After last paragraph, add: Unless directed otherwise by the Engineer, 1 breakdown rolling shall be followed by a pneumatic-tired roller as described in this Section.
302-5.9 Measurement and Payment. add the following: Payment for asphalt concrete st the unit price bid per ton. No additional payment shall be made for any tack coat.
0 directed by the Engineer.
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APPENDIX “A”
Letters shall be as shown in bold type as follows, with the appropriate information specif work inserted at the locations indicated in the brackets and italicized.
(Name of Contractor)
(Address of Contractorj
(Contractor’s License Number)
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(Date)
As part of the City of Carlsbad’s ongoing pavement management progr
Gran Via from Madrilena Way to Levante Street has been identified for co
removal and reconstruction. The project should begin in two or three v
Due to the nature of the work and the constrained work area, La Gran V
Madrilena Way to Levante Street will be closed to local traffic only and rt
to one twelve foot lane. Travel will be allowed in one direction only f
workweek, while the whole street is being replaced. The direction of trai
be one way from Levante St. to Madrilena Way with no entrance allowed c
Gran Via from Madrilena Way. Going north on Calina Way to La Gran Via,
will be no right hand turns permitted. Also, there will be no parking allo!
La Gran Via for one week while the whole street is being replaced.
During the removal of the old existing asphalt roadway, travel on La Gran 1
be by dirt only. At the end of the work day temporary ramps to driveway:
Gran Via will be constructed to eliminate dropoffs from driveways to tha
where the old roadway has been removed and excavated. These ten
ramps on the north side of La Gran Via will be in the traveled way so car
be taken when traveling on La Gran Via over these temporary approach rai
During the construction of the new asphalt roadway La Gran Via will be
starting at 7:OO a.m. and continuing until the Contractor removes the
control devices. You will be notified 24 hours in advance of the day your
will be closed for paving operations by a brightly colored 3 W’ x 8 *h 1 attached to your doorknob.
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A successful street maintenance program depends on your cooperation.
do not drive, walk, play, skate or allow pets on the newly paved street until
dried. Furthermore, please do not wash your car or turn on any sprinklers
that week so that the new asphalt road and the supporting material unde
the new road can be constructed properly.
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If you don’t plan to leave your home before 7:OO a.m. on the day of a
paving, and you need to use your vehicle later in the day, please park your
an adjacent street in your neighborhood.
(Name of Contractor) is the Contractor that will be performing the reconsti
work for the City and you may call them at (24 hour per day attended tek
number in the 760 area code) for any questions you may have about the p
On the day that the new pavement is laid, mail delivery may be delayed ui
next day. If you have a moving company scheduled to come to your house
weeks, please call and inform the Contractor of the date. If you ha\
concerns which cannot be addressed by the Contractor, you may call the
Engineering Inspection Department at
The City of Carlsbad has some of the finest streets in the county due to the
concern and cooperation of citizens like you. Your cooperation is greatly
appreciated.
438-1 161 ,ext 4323.
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0
CITY OF CARLSBAD
ROAD WORK
XYZ CONTRACTORS
OFFICE # (76O)XXX-XXXX
FIELD # (76O)XXX-XXXX
Dear resident:
As a part of the City of Carlsbad’s ongoing program
to maintain its streets, your street will be completely
resurfaced with a new asphalt concrete section.
This placing of the new asphalt street will require the
closing of your street to through traffic for two days.
Your street, from XYZ st. to XYZ st. will be closed to through traffic and paved on:
MON TUES WED THUR FRI
from 7:OOA.M. to 5:OO P.M.
If you don’t plan to leave your home by 7:OO A.M. on
the above date please park your car on an adjacent
street in your neighborhood.
Please do not drive, walk on, walk pets, play, or skate
on the newly laid asphalt. Also, please refrain from
watering your lawns, washing cars, etc., during and
after the laying of the asphalt roadway as running
water will cause damage to the new surface.
XYZ is the contractor that will be performing the
resurfacing work for the city and you may call them at
(76O)XXX-XXXX if you have any questions regarding
the project. Mail delivery may be delayed if the
postman cannot reach the mailbox that day. If you
have a moving company scheduled for that day
please call and inform the Contractor of the date. If
you have any concerns which cannot be addressed
by the Contractor, you may call the City’s Engineering
Inspection Department at 4381 161x4323
Thank you for your cooperation as we work to make a
better City of Carlsbad.
DATE:
ClTY OF ( PUBLIC -rWORKS m
PLANS FOR THE
LA GRAN VIA REMOVA1
5 PROJECT 1
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VICINITY MA1
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