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Home My WebLink AboutRomero General Construction Corporation; 2006-05-18; PWS06-21ENGRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 2007-0164022 MAR 09, 2007 3:54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO:N/A NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. 8. The undersigned is owner of the interest or estate stated below in the property hereinafter described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. The nature of the title of the undersigned is: In fee. A work or improvement on the property hereinafter described was substantially completed on November 3, 2006 and all punch list work was completed on January 19, 2007. The name of the contractor for such work or improvement is Romero General Construction Corp. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Concrete Replacement, Project No. 6006. The street address of said property is in the City of Carlsbad. CITY OF CARLSBAD Robert T. Johnson, Jr. Acting City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad,^1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ?tf<U. &Ls 6 _ , 2007, accepted the above_ described work as completed and ordered thara Notice of Completion be filed. declare under penalty of perjury that the foregoing is true and correct. Executed on 'fy^dO' 7 2007, at Carlsbad, California. Cl City Clerk CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG PROJECT NO. 6006 BID NO. PWS06-21ENG Revised 10/08/03 Contract No. PWS06-21ENG Page 1 of 68 Pages City of Carlsbad Public Works April 26, 2006 ROMERO GENERAL 2150 N. CENTRE CITY PARKWAY, SUITE 1 ESCONDIDO, CA 92026 RE: CONCRETE REPLACEMENT, BID NO. PWS06-21ENG , PROJECT NO. On April 25, 2006 the City Council adopted Resolution No. 2006-104, Agenda Bill No. 18,537 awarding you the subject contract in the amount of $1,143,350.00. Enclosed are the contract documents which should be executed by you. Please return the completed contract documents including bond forms and Certificates of Insurance within twenty (20) days from the date of this award letter to the City. Each signature page should have the proper "All-Purpose Notarial Acknowledgement" attached. If the Contractor is a corporation, an "All-Purpose Notarial Acknowledgement" must be executed by all signatories of the corporation and the Corporate Seal affixed. Bond forms (labor and material, and performance) should be filled out properly and executed by you and your surety. The bonds must be executed on the original sheets provided, not on faxed or otherwise reproduced copies. All insurance coverage must be placed with companies having a rating in Best's Key Rating Guide of at least A-:V, be authorized to conduct business in the State of California, and be listed in the official publication of the Department of Insurance of the State of California. Each insurance company's COMPLETE name must be listed on the Certificate of Insurance. You must submit evidence of comprehensive general and automobile liability insurance. Auto policies must cover any vehicle used in the performance of the contract and cannot be limited in any manner. This should include coverage for completed operations. The certificates covering general and automobile liability insurance must be issued directly by the insurer or its authorized agent, and include the following: 1. On both the comprehensive general liability and automobile liability insurance, the City of Carlsbad is to be named as an additional insured. An "Additional Insured Endorsement" stating that the City is insured for covered losses caused by contractors' negligence must accompany the Certificate of Insurance for each company listed on the certificate. 2. The limits of coverage should not be less than $1,000,000 Combined Single Limit. 3. Automobile and general liability policies shall be endorsed as follows: "It is hereby understood and agreed that the policy to which this Certificate refers may not be canceled, materially changed, nor the amount of coverage thereof reduced until thirty (30) days after receipt of written notice of cancellation or reduction in coverage by the City Clerk of the City of Carlsbad. Coverage under this policy shall be primary and noncontributing with any other insurance available to the City of Carlsbad." 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2730 • FAX (76O) 602-8562 If your Certificate of Insurance contains a printed cancellation clause, the wording must read as follows: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice by certified mail to the certificate holder named as additional insured." In addition to the evidence of liability insurance, the City requires a certificate showing current coverage for Workers' Compensation, and a City of Carlsbad business license. Attached is a checklist you may find helpful. You may wish to route a copy to your insurance company for their use. If you intend to utilize the escrow agreement in lieu of the usual 10% retention from each payment, these documents must be completed and submitted in triplicate with the signed contract. Please DO NOT date the contract when you sign it. This will be done when the contract is signed by the City. After the Contract has been fully executed, a Purchase Order will be issued to you for the amount of the Contract. To help expedite your payment, please indicate the number of this Purchase Order on all invoices sent to the City. The original invoice and one copy are all that you need to send to SKIP HAMMANN, Engineering Department, 5950 El Camino Real, Carlsbad, CA 92008-7314. It is not necessary for you to enclose a self-addressed envelope with them. The City uses standard window envelopes to facilitate the mailing of all checks. Should you have any questions, please feel free to call me at (760) 602-2466. Sincerely, KEVIN DAVIS Buyer KD:rh Enclosures c: SKIP HAMMANN CONTRACT DOCUMENTS EXECUTION CHECKLIST Execution of Documents Paragraph 11 initialed by both signatories. Contract signed by two different corporate officers (president/vice-president AND secretary/asst. secretary). Both signatures notarized. Performance and labor/materials bonds signed and notarized as above. Bonds are executed on the original sheets, not faxes or otherwise reproduced sheets. Corporate seal stamped above signatures. Insurance Requirements (You may wish to send a copy of this list to your insurance company.) General Liability Insurance Coverage $1.000.000 CSL Automobile Liability Insurance Coverage $1.000,000 CSL Workers' Compensation and Employers' Liability $1.000.000 per incident. Workers' Compensation offered by the State Compensation Insurance Fund is acceptable. The complete, full name of company(s) affording coverage is on the Certificate of Insurance. All insurance companies are rated at least "A-;V" in Best's Key Rating Guide, and are licensed and "admitted" carriers in the State of California. Separate endorsement documents include the following for general liability and automobile liability insurance: "The City of Carlsbad, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Coverage under this policy shall be primary insurance as respects the City, its officials, employees and volunteers. This policy will not be canceled, materially changed nor the amount of coverage reduced until thirty (30) days after receipt of written notice of cancellation of reduction in coverage by the City Clerk of the City of Carlsbad, California." The "Any Auto" block is checked for automobile insurance. All other contract requirements in the paragraph titled "Insurance" are observed. Please mail the Certificate of Insurance, with endorsements to the correct address: City of Carlsbad, Public Works Purchasing Department, attn: Kevin Davis, 1635 Faraday Avenue, Carlsbad, CA 92008- 7314. Other Important Items Include copy of current City of Carlsbad business license. Properly executed contract documents and original, signed insurance documents are delivered to the Purchasing Department no later than 20 days from the date of the award letter. TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 14 Bidder's Bond To Accompany Proposal 15 Guide For Completing The "Designation Of Subcontractors" Form 17 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 19 Bidder's Statement Of Financial Responsibility 20 Bidder's Statement Of Technical Ability And Experience 21 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 22 Bidder's Statement Of Re Debarment 23 Bidder's Disclosure Of Discipline Record 24 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 26 Contract Public Works 27 Labor And Materials Bond 33 Faithful Performance/Warranty Bond 35 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 37 oRevised 10/08/03 Contract No. PWS06-21ENG Page 2 of 68 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 40 1-2 Definitions 41 1-3 Abbreviations 41 Section 2 Scope And Control Of The Work 2-3 Subcontracts 42 2-4 Contract Bonds 42 2-5 Plans And Specifications 43 2-10 Authority Of Board And Engineer 44 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 45 3-3 Extra Work 45 3-4 Changed Conditions 45 3-5 Disputed Work 46 Section 4 Control Of Materials 4-1 Materials And Workmanship 49 4-2 Materials Transportation, Handling and Storage 50 Section 5 Utilities 5-4 Relocation 50 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 51 6-7 Time of Completion 51 6-8 Completion And Acceptance 51 6-9 Liquidated Damages 52 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 52 7-4 Workers' Compensation Insurance 52 7-5 Permits 52 7-7 Cooperation and Collateral Work 52 7-8 Project Site Maintenance 53 7-10 Public Convenience And Safety 53 7-13 Laws To Be Observed 56 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 56 9-3 Payment 56 Revised 10/08/03 Contract No. PWS06-21ENG Page 3 of 68 Pages Part 2 Construction Materials Section 200 Rock Materials 200-2 Untreated Base Materials 59 Section 201 Concrete, Mortar And Related Materials 201-1 Portland Cement Concrete 60 Section 206 Miscellaneous Metal Items 206-7 Traffic Signs 63 206-9 Portable Changeable Message Sign 65 PART 3 Construction Methods Section 303 Concrete And Masonry Construction. 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, And Driveways 67 APPENDIX "A" RESIDENT NOTIFICATION EXAMPLE APPENDIX "B" SAN DIEGO REGIONAL STANDARD DRAWINGS APPENDIX "C" CONCRETE REPLACEMENT SPREADSHEET Revised 10/08/03 Contract No. PWS06-21ENG Page 4 of 68 Pages City of Carlsbad Public Works February 23, 2006 ADDENDUM NO. 1 RE: BID NO. PWS06-21ENG, CONCRETE REPLACEMENT Please include this addendum in the Request for Bid/Notice Inviting Bid you have for the above project: Submissions for this bid will now be due no later than 2:00 PM. March 28. 2006. Bids will not be accepted after this time and date. This addendum—receipt acknowledged—must be attached to your bid when it is submitted. KEVIN DAVIS Buyer I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 6O2-2730 • FAX (760) 6O2-8562 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on March 22, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG BIDNO. PWS06-21ENG This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and tine Bidder, The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Public Works Department, Street Maintenance Division. The specifications for the work include the Standard Specifications for Public Works Construction. (1997 Edition, and the 1998 and 1999 supplements thereto), all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Construction Inspector The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless ft is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fuliy executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. 0Revised 10/08/03 Contract No. PWS06-21ENG Page 5 of 68 Pages Hie documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 3, Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract 10. Bidder1 s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basts for the comparison of bids. The Engineer's Estimate is S950.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be property licensed at the time the contract is awarded. In ail other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications am acceptable for this contract: A and C-8 in accordance with the provisions of State law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract, The escrow agreement may not be substituted at a later date. Sets of Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1636 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $10.00 per set. If documents are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from fie drawings and specifications may submit to the Construction Inspector a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Construction Inspector a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents wilt be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The Crty of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Revised 10/08/03 Contract No, PWSQ6-21ENG Page 6 of 68 Pages The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act" The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. No pre-bid meeting will be held. Potential bidders should tour project sites prior to submitting bids. Alt bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder In case of a discrepancy between words and figures, Hie words shall prevail tn case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. AH prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1} One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000.000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000), These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. Ail bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of fie insurer's receipt of a request to submit the statements. Revised 10/08/03 Contract No. PWS06-21ENS Page 7 of 68 Pages Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2} Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for atl insurance companies. 2) Cover anv vehicle used In the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage Is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to tie second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2006-012, adopted on the 24™ day of January, 2006. February 22. 2006 Date Publish Date: February 27,2006 Revised 10/08/03 Contract No. PWS06-21ENG Page 8 of 68 Pages I I [19 I I I I CITY OF CARLSBAD CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PWS06-21ENG in accordance with the Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item No. Description 1 Remove and replace Type G Curb and Gutter per SDRSD G-2at. . . , f/Qo Approximate Quantity and Unit 2,443 LF $ Unit Price Total Dollars per Linear Foot Remove and replace Sidewalk per SDRSD G-7 at 45,241 SF $$442 Dollars per Square Foot Remove and Replace Driveway Approach per SDRSD G-14 at 18,391 SF $$. Dollars per Squfcje Foot Remove and Replace Cross- Gutter per SDRSD G-12 and 8,674 SF $_-16 Dollars per Squarefoot Revised 10/08/03 Contract No. PWS06-21ENG Page 9 of 68 Pages I I I I I I I Item No. Description Approximate Quantity and Unit Unit Price Total Remove and Replace Gutter per SDRSDG-J at 185 LF $ \fl 3' ^£> $ I ' i 7^/' ^-S~~ Dollars per Lineal Foot Remove and Replace Roiled Curb and Gutter per SDRSD 464 LF K/V/ <$D $ Dolors 'peH_irfear Foot 7 Remove and Replace Curb SRSDG-1 at 560 LF $ 23,472.00$ 7 ' / ^r^^^^oe^^ Dollars per Linear Foot Remove and Replace Curb Ramps per SDRSD G-28 at 922 SF . ^ — ^ T * ' ^$ Dollars per Square Foot 9 Traffic Control at .1 LS $ Dollars Lump Sum Total amount of bjd in words: Total amount of bid in numbers: $ 1 Price(s) given above are firm for 90 days after date of bid opening. Bids will be evaluated based on quantities and unit prices therefor. Quantities as specified herein are estimates for bidding purposes only. Addendum(a) No(s)._ proposal. has/have been received and is/are included in this The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. Revised 10/08/03 Contract No. PWS06-21ENG Page 10 of 68 Pages I (The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number l^^7^T^ , classification n>.f^ wnich expires on \O /&>l (O(p , and that this statement is true and correct and has the legal effect of an affidavit. I I I I I I I I I A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is ^/M- ;£>"rv^ (Cash, Certified Chech Cashier's Check) for ten percent (10%Tof the amount bid. I The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. I IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted • (2) Signature (given and surname) of proprietor I (3) Place of Business (Street and Number) I City and State_ - (4) Zip Code Telephone No. • (5) E-Mail I ARevised 10/08/03 Contract No. PWS06-21ENG Page 11 of 68 Pages License Detail Page 1 of2 California Home Tuesday, March 28, 2006 License Detail Contractor License # 657359 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this Information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. j • Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. ! • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. | . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 03/28/2006 * * * Business Information * * * ROMERO GENERAL CONSTRUCTION CORP 2150 N CENTRE CITY PARKWAY #1 ESCONDIDO.CA 92026 Business Phone Number: (760) 489-8412 Entity: Corporation Issue Date: 10/27/1992 Expire Date: 10/31/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * (Class Description B .GENERAL BUILDING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 8559994 in the amount of $10,000 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) KEITH MARK REILLY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 10/27/1992 * * * Workers Compensation Information * * * This license has workers compensation insurance with the http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 03/28/2006 License Detail Page 2 of 2 VIRGINIA SURETY COMPANY, INC. Policy Number: 1CW50102304 Effective Date: 10/01/2005 Expire Date: 10/01/2006 Workers Compensation History Personnel List License Number Contractor Name Personnel Name Request Request Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 03/28/2006 Personnel List Page 1 of 1 California Home Tuesday, March 28, 2006 Personnel List Contractor License # 657359 CALIFORNIA CONTRACTORS STATE LICENSE BOARD Click on the person's name to see a more detailed page of information on that person. Name Title Association Date Disassociation Date Class More Class JAMISON JAY ASHBY OFFICER 10/27/1992 04/25/1994 KEITH MARK REILLY RMO 10/27/1992 A More VICTORIA LEE REILLY OFFICER 10/27/1992 09/30/1996 SCOTT LE GRAND KIMBALL OFFICER 04/25/1994 10/22/2002 License Number Request Contractor Name Request Personnel Name Request Salesperson Name RequestSalesperson Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/Personnel+List.asp?LicNum=... 03/28/2006 I I I I I 1 1 I 1 I I 1 1 IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted_ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. IF A CORPORATION. SIGN HERE: (1) Name under which business is conductec (2). (Signature) (Title) (3) Incorporated under the laws of the State of (4) Place of Business l /[/ City and State Impress Corporate Seal here (Street and Num (5) Zip Code <?2£>2JtD Telephone No. i __ (6) E-Mail _ d Number^ s\o CJT Revised 10/08/03 Contract No. PWS06-21ENG Page 12 of 68 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of PfJP ss. On AlWn 27 Dafe personally appeared ?./y Q U before me, K7?'iJvJtf &*)'Jh> . Name and Title of Officer (e.g. /'Jane Doe. Nitary Public") MCHB1EBADIU.O Commteton # 1395488 Notary PuMc - CoWomta Son Diego County My Comm. Expires Jan 21.2007 Name(s) of Signer(s) ^C^ersonally known to me B provod to mo on the bnoio of catjafactory GvlQQnGG to be the person^-whose name(s)- is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies^r and that by his/h&tZlb»iP signature(s)-on the instrument the person(e^-or the entity upon behalf of which the persjjnfs) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: A} i r1 Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited C General D Attorney-in-Fact D Trustee H Guardian or Conservator D Other: RIGHT THUMBPHINT OF SIGNER Top of thumb here Signer Is Representing:, O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 1 I I I I I I I I I I I I 1 I I i NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: ^L Revised 10/08/03 Contract No. PWS06-21ENG Page 13 of 68 Pages BID SECURITY FORM (Check to Accompany Bid) CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a 'Certified "Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER "Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) 4?* Revised 10/08/03 Contract No. PWS06-21ENG Page 14 of 68 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG KNOW ALL PERSONS BYTHESE PRESENTS: That we, Romero General Construction Corp. as Principal, and Fidelity and Deposit Company of Maryland as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of the Amount Bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION iS SUCH that if the proposal of the above- bounden Principal fon CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG (Bid Date 3/28/06) in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Coundf of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. Revised 10/08/03 Contract No, PWS06-21ENG Page 15 of 68 Rapes In the event Principal executed this bond as an individual, it is agreed that the death of Principal shaJJ not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this.day of..,20 PRINCIPAL Romero Gen (name of Prj By: (sign here) (print name here) (title and organization of signatory) dayExecuted by SURETY this 24th Of March _ ; _ , 20 06 SURETY: Fidelity and Deposit Company of Maryland (name of Surety) 14172 Mooncrest Street, Westminster, CA 92683 (address of Surety) 7^-4-332^7762 _ (telephone Dumber of Surely) By:. (signature of A1 Penny E. Kelley (printed name of Attomey-in-Fact) (Attach coiporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or. assistant secretary must sigh for corporations If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Revised 10/08/03 Contract No,. PWS06-21ENG Pagel6of68Paaes 5-17-06; 9:34AM;CITY OF CARLSBAD ;760 602 8562 # !' 10.06J ]:4llM - NaUianJnte/prises Mo, 7634 P. 2/2 MINUTES OF THE BOARD OF DIRECTORS MEETING OP ROMERO GENERAL CONSTRUCTION CORP. • The meeting at the Board of Directors of the Corporation was held on April 7, 1994, at Valley Center, California with those present being as follows: Keith M. Reilly Victoria L. Reilly Scott !•„ KImball The meeting was called to order by Keith M. Reilly, Chairman. The Chairman noted that Keith M. Reilly was sleeted Secretary and Treasurer and that Victoria L. Reilly and Scott I*. Kimball were elected Vie« Presidents* It was resolved that 100% of the stock remains under the ownership of Keith M. Reilly, also discussed was the current contract status and upcoming bids of the corporation. There being no further business to come before the meeting, upon motion, duly made, seconded and unanimously carried, it was adj ourned. . Keith MKReil^y, President/Secretary/Treasurers CALIFORNIA ALL-PURPOSE ACKNOWLEDQMEKT iSgSgS^^ State of California County of SAN DIEGO ss. On MAR 2 4 2006 personally appeared . before me, AMERICA SAN. MARTIN, HOIAEJ PUBLIC M«m«a(XiTr*<XOrTbw(«,£/J«n«Do«,NotZy733cil) "" PENNY E. K] personally known to me D proved to me on the basis of satisfactory evidence AMERICA SAN MARTIN Commission # 1395482 Notary Public - California 5 San Diego County r _M^CjW"m. Expires Jan 21,2007S> to be the person($ whose namejg) subscribed to the within Instrument and acknowledged to me that $i/sheaHSJ£ executed the same in S£/heraHgZr authorized capacity (ies), and that by X&/her2B3C£ signature^) on the Instrument the person(Sj, or the entity upon behalf of which the acted, executed the instrument. WITMjiSmyn Though the Information below Is not required by taw. It may prove valuable to persons relying on.the document and could prevent fraudulent removal and reattachment of Oils form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Slgner(s) Other Than Named Above: Capacities) Claimed by Signer Signer's Name: D individual D Corporate Officer D Partner —D Limited D General D Attomey-in-Faot D Trustee D Guardian or Conservator D Other: Signer Is Representing: 0 KM National Notary AuoolMlon • S360 [X Solo Aw., P.O. Box 2402 • Ctwttwrth, CA 91313-2402 • www.nallonalnolaty.org Prod. No. 5S07 Rsortar: Call Toil-Free 1-«00-876-«B87 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, whklf are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date and appoint Penny E. KELLEY, of San Diego, California, its true execute, seal and deliver, for, and on its behalf as surety, the execution of such bonds or undertakings i and amply, to all intents and purposes, as y nominate, constitute -Fact, to make, undertakings, and upon said Company, as fully the regularly elected officers . This power of attorney revokes that issued onof the Company at its office in The said Assistant BEcreTar^oaSTB^g^rtHy'ihat the extract set forth on the reverse side hereof is a true copy of Article VT, Section 2, of the By-LOTgrf^sgd^CoHpany, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, flris 14th day of September, A.D. 2005. ATTEST:FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes /<•# (. By: /' Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore iss: On this 14th day of September, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. •f.^Xf'fcl \6/fg ''^'wSSSjJi^ Maria D. Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-931 OH CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of >^V"> ss. _ Date personally appeared . before me,dJ.fa Name and Title of Officer (e'g.,'"Jane Doe, N^ary "Public") Name{s) of Signer(s} MCHEU£MDUO Commtoton#139S4M Notary PuMc - CoMbmla Son Otogo County MyComm. ExpJres Jan 21.2007 to be the person^ whose namers) ia"aTe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he4Ahetr authorized capacity(ies)-, and that by his/her/ttleT" signature(s}-on the instrument the person(s)ror the entity upon behalf of which the persgjj{s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document~> Title or Type of Document: fJl )~t}jti Document Date: 012>~) /Q (?. Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited 3 General D Attorney-in-Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. © 1999 National Notary Association • 9350 De SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 -www.nationalnotary.org Reorder: Call Toil-Free 1-800-876-6827 Company Profile Page 1 of 2 company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID #: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 03/28/2006 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 03/28/2006 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Construction Inspector on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. PWS06-21ENG Page 17 of 68 Pages Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. oRevised 10/08/03 Contract No. PWS06-21ENG Page 18 of 68 Pages Mar. 29. 2006 12:47PM Nathan Enterprises No, 6257 P. 3 1 I I I I I I I I I DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list In accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever Is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Subcohtractor Name and Location of Business -• Amount of Work by Subcontractor in Dollars* Subcontractor's License No.* : Page. L of )pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded fay an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained In the 'Notice Inviting Bids." -m/nfl/n-2 I I I I I I I I I I I I I I I I I I I DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Portion of Work* Subcontractor Name and Location of Business Amount of Work by Subcontractor in Dollars* Subcontractor's License No.* J of IPage.pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 10/08/03 Contract No. PWS06-21ENG Page 19 of 68 Pages I • BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ™ (To Accompany Proposal) I CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG • Copies of the latest Annual Report, audited financial statements or Balance Sheets may be • submitted under separate cover marked CONFJpENTIAL ' • I I I I I I I I I I 0Revised 10/08/03 Contract No. PWS06-21ENG Page 20 of 68 Pages ROMERO GENERAL CONSTRUCTION CORPORATION Financial Statements and Report of Independent Certified Public Accountants December 31, 2004 and 2003 ROMERO GENERAL CONSTRUCTION CORPORATION TABLE OF CONTENTS i I Page Accountants'Report 1 - Balance Sheet 2 Statement of Income . 3 Statement of Retained Earnings 4 Statement of Cash Flows 5 Notes to Financial Statements 6-12 ;/ Supplementary Schedules: |i_. ., -.. .• • .-• • •'••---.-."•----------.«--•- •- — -••- ••*•,.-„.-=.. ^ Schedule of Contracts in Progress-December 31,2004 13 ^ Schedule of Contract Revenues-December 31,2004 14-15 f Schedule of Contracts in Progress-December 31,2003 16 |; - Schedule of Contract Revenues-December 31,2003 17-18 ^;-: K^ ^ R&T RYAN & THUM CERTIFIED PUBLIC ACCOUNTANTS 300 W. Grand Avenue, Suite 204 Escondido, California 92025-2606 Telephone (760) 747-2660 • Fax (760) 747'-2937 Board of Directors Romero Genera] Construction Corporation Escondido, California We have audited the accompanying balance sheet of Romero General Construction Corporation (an S corporation) as of December 31, 2004 and 2003 and the related statements of income, retained earnings, cash flows and the supplementary schedules for the years then ended. These financial statements are the responsibility of the company's management. Our responsibility is to express an opinion on the financial statement based on our audit. We conducted our audit in accordance with generally accepted auditing standards in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the !|5/ financial statement. An audit also includes assessing the accounting principles used and jsl •. significant estimates made by management, as well as evaluating the overall financial statement |i;, presentation. We believe that our audit provides a reasonable basis for our opinion. ||}'= In our opinion, the financial statements referred to above present fairly, in all material respects, I'r-/' the financial position of Romero General Construction Corporation as of December 31, 2004 and <S 2003 and the results of operations and cash flows for the years then ended, in conformity with fV generally accepted accounting principles. si-. Our audit was conducted for .the purpose of forming an opinion on the basic financial statements |; taken as a whole:" The supplementary schedules on pages 13-18 are presented for purposes of V additional analysis and are not a required part of the basic financial statements. Such information ;„ has been subjected to the auditing procedures applied in the audit of the basic financial statements ;; and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. RYAN& THUM CPAs July 22, 2005' ROMERO GENERAL CONStRUCTiOK^OJRPORATirb^ Balance Sheet December 31 ASSETS CURRENT ASSETS . Cash in bank and cash equivalents (Note 1) Trade receivables, net of allowance (Note 2) Retention receivables (Note 2) Costs &. estimated earnmgs in excess of billings on uncompleted contracts (Notes 1 and 15) Inventory, at cost (Note 1) Prepaid expenses and deposits (Note 4) Total current assets PROPERTY AND EQUIPMENT (Notes 1 and 3) Property and equipment Less accumulated depreciation Net property & equipment OTHER ASSETS 'Investment in joint venture (Note 5) Total other assets LIABILITIES & EQUITY CURRENT LIABILITIES Current portion of long-term debt (Notes 7) Accounts payable Retentions payable Billings in excess of costs & estimated earnings on uncompleted contracts (Notes I and 15) •Accrued expenses (Note 6) Deferred income ta^es, current (Notes 1 and 9) Total current liabilities NpNCURRENT LIABILITIES "Long-term debt (Notes 7 and 8) Total liabilities STOCKHOLDERS' EQUITY Common stock: 10,000 shares authorized; issued and outstanding 10,000 shares, no par or stated value . Retained earnings Total stockholders' equity 2004 . 2003 $169,168 $233,835 2,319,991 3,789,162 1,158,182 509,643 3,435,774 2,237,195 234,003 785,114 786,164 854,995 8,103,282 8,409,944 1,763,109 648,547 1,114,562 0 1,454,019 371,433 1,082,586 184,129 184,129 $9,217,844 $9,676,659 $1,976,106 2,857,625 13,041 331,913 202,965 18,117 5,399,767 $2,138,007 3,662,506 9,481 30,354 195,812 ' 38,865 6,075,025 506,035 547,820 5,905,802 6,622,845 1,000 1,000 3,311,042 3,052,814 3,312,042 3,053,814 $9,217,844 ' $9,676,659 See accompanying notes. 2 I ROMERO GENERAL CONSTRUCTION CORPORATION Statement of Income For the Years Ended December 31 IP. I r REVENUES Construction revenues Crushing revenues Interest income COSTS AND EXPENSES Construction and crushing costs General and administrative expenses Interest expense INCOME (LOSS) FROM OPERATIONS OTHER INCOME (EXPENSE) Gain (loss) on disposals of fixed assets INCOME (LOSS) BEFORE INCOME TAXES Provision for Income Taxes (Note 9) NET INCOME 2004 SI 3,467,496 5,730,375 163 19,198,034, 17,547,018 1,016,125 206,127 18,769,270 428,764 (90,877) 2003 514,190,794 4,450,372 480 •18,641,646 17,348,826 995,756 142,418 18,487,000 154,646 42,121 (90,877) 337,887 4,348 $333,539 42,121 196,767 2,937 .$193,830 See accompanying notes. " ' . 3 I I ROMERO GENERAL CONSTRUCTION CORPORATION Statement of Retained Earnings For the Years Ended December 31 COMPONENTS OF RETAINED EARNINGS: S CORPORATION EARNINGS ACCUMULATED ADJUSTMENTS ACCOUNT Beginning balance Taxable income (loss) Nohdeductibie .expenses Dividend distributions Ending balance TAX TIMING ADJUSTMENTS Beginning balance Tax deferred income (loss) Ending balance Total S Corporation Earnings C. CORPORATION EARNINGS ACClJMULAf ED EARNINGS AND PROFITS Beginning balance Ending balance / Total C Corporation' Earnings 4, ,-;',-• . - TQTAL RETAINED EARNINGS, ENDING £yi/ f- .•.fiu;^ {^'SCHEDULE OF INCOME ALLOCATION (Note 10) fe;^v;-----'Taxable to stockholder in current year i-' * . . _ •'4-- • Taxable to stockholder in other years H!':'?V'" " Nondeductible expenses p:^*;o ;s Net income ' 2004 2,635,372 (1,342,788) .'1,292,584 3,311,945 (903) (903) 2003 $418,345 1,689,515 (13,188) (75,311) 2,019,361 $273,639 156,836 (12,130) 0 418,345 2,586,248 49,124 2,635,372, 3,053,717 (903) (903) $3,311,042 $3,052,814 $1,689,515 $156,836 (1,342,788) 49,124 (13,188) (12,130) $333,539 $193,830 See accompanying notes. 4 i ROMERO GENERAL CONSTRUCTION CORPORATION Statement of Cash Flows For the Years Ended December 31 I I 2004 2003 i i CASH FLOWS FROM OPERATIONS Adjustments to reconcile net income to cash flows from operations: Net Income (Loss) Depreciation and amortization (Gain) loss on sale of fixed assets Deferred taxes provided (amortized) Change in operating assets and liabilities: (Increase) decrease in receivables, retentions and net change in costs & estimated earnings related to billings on uncompleted contracts (Increase) decrease in inventory (Increase) decrease in prepaid expenses, deposits . Increase (decrease) inpayables and accrued expenses Cash Provided (Used) By Operations CASH FLOWS FROM INVESTING ACTIVITIES Purchase of property and equipment Investment in joint venture Proceeds from sale of equipment Cash Provided (Used) In Investing Activities CASH FLOWS FROM FINANCING ACTIVITIES Net proceeds (repayments) on short term debt Proceeds on long term borrowings Repayments on long-term borrowings Payments on accrued liability from purchase of property & equipment Dividend distributions Cash Provided, (Used) By Financing Activities Increase (decrease) in Cash and Cash Equivalents Cash and Cash Equivalents, Beginning Cash and Cash Equivalents, Ending OTHER INFORMATION Interest paid Income taxes paid $333,539 309,733 90,877 (20,748) (76,388) 551,111 68,832 (776,877) - 480,079 (502,724) 184,129 70,139 (248,456) (121,638) 861,130 (943,180) (17,291) , (75,311) ' (296,290) (64,667) 233,835 S169,168 $206,127 $6,000 $193,830 192,356 (42,121) 0 (2,484,274) (154,865) (418,504) 2,455,985 (257,593) (889,541) (184,129) 155,233 (9.18,437) 575,000 704,229 (160,967) (69,653) 0 1,048,609 (127,421) 361,256 5233,835 $142,418 : $6,000' See accompanying notes. 5 ROMERO GENERAL CONSTRUCTION CORPORATION Notes to Financial Statements December 31,2004 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Company's Activities and Operating Cycle. The Company is engaged in grading, paving, concrete, and material crushing operations, as well as design and build construction projects, for Bands of Native Americans in the Southern California area. Work is performed under fixed-price and unit-price contracts. The length of the contracts varies. Some contracts are a few days, while other contracts may extend for one to three years. The Company uses portable crushing equipment to produce base material at various jobsites. For financial statement presentation, the normal operating cycle is one year. Revenue and Cost Recognition. Revenues from construction contracts are recognized using the percentage-of-completion method, measured by the percentage of costs incurred to date to estimated total costs for each contract. This method is used because management considers it to be the best available measure of progress on these contracts. Because of the inherent uncertainties in "estimating costs, it is at least reasonably possible that the estimated costs could increase or decrease within the next normal operating cycle. In the ordinary course of its construction business, the company has filed construction contract claims for additional compensation resulting from changes in the scope of work of the contract. Revenue related to these claims is uncertain and is reported at management's estimate of net realizable value of such claims. Although the eventual settlement on these claims is uncertain, based on the company's histbry in resolving construction claim matters, management believes that the outcome .of these claims will not have a material adverse impact on the company's financial position as presented. Contract Costs include all direct material, labor,-equipment, and subcontract costs, and those indirect costs related to contract performance such as indirect labor, supplies, repairs and insurance. Provisions for estimated losses on uncompleted contracts are made in,the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability, including those arising from contract penalty provisions, and final contract settlements may result in revisions to costs, and income and are recognized in the period in which the revisions are determined. These changes are accounted for as changes in estimates in the current period. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts" represents revenues recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts" represents billings in excess of revenues recognized. Inventory. Crushed material inventory is stated at the lower of cost or market value. Cost is calculated at an average cost per unit and includes all direct materials, labor, equipment, and related overhead. ":i r NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES' (Continued) Cash. The company maintains cash balances at several banks. Accounts at each institution are insured by the Federal Deposit Insurance Corporation up to $100,000. Balances in excess of the FDIC-insured limits were $152,503 and $122,168 for the years presented. The company considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Property and Equipment. Property and equipment are stated at cost. Depreciation is provided using the straight-line method over the estimated useful lives of the assets ranging from three to seven years. Pension Plans. All of the construction workers are covered by various union benefit agreements that are renegotiated periodically. Contributions to union benefit plans for the years presented totaled $1,316,669 and $752,936 respectively. The company has a qualified profit-sharing and voluntary savings plan (a 401k plan) that covers eligible employees not covered under union benefit plans. Pension expense for discretionary and matching contributions for the years presented is $4,213 and $2,796. Income Taxes. The company is an S Corporation. Net income of the corporation is reported on the tax returns of its stockholders. There is no federal tax at the corporate level. The 1.5% state tax is provided for the income reported in the financial statements and consists of taxes currently due plus deferred taxes. Deferred taxes represent future tax consequences of timing differences between financial reporting and income tax reporting. Timing differences arise from: 1) Accounting for construction contracts, using the percentage of completion method for financial reporting, and the completed contract method for pre-2001 contracts for tax reporting, 2) Depreciation, using the straight-line method for financial reporting, statutory recovery methods for tax reporting. Use of Estimates Required by Generally Accepted Accounting Principles. Preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results coujd differ from those estimates. NOTE 2. CONTRACT RECEIVABLES 2004 2003 Contracts in progress Completed contracts Retentions Crushing and other receivables Less allowance for doubtful accounts $ 1,280,187 441,655 1,158,182 598,149 3,478,173 0 $3.478.173 • $ 1,876,834 891,770 509,643 1,020.558 4,298,805 0 $ 4.298.805 Bad debt expense for the years presented is $0 and $0. The bad debt allowance is SO. ».*-i NOTE 2. CONTRACT RECEIVABLES (continued) Concentrations of receivables and revenues: Receivables, government contracts Revenues, government contracts Receivables, Native American contracts Revenues, Native American contracts Receivable, single largest contract Costs and earnings in excess of billings, single largest contract Revenues, single largest contract 2004 32% 48% 44% •"^^Sllb• r:*!*S8E&Kg• ' r^j^S^yy^^ 2003 72% 53% 5% 17% 55% 26% 5% 47% 16% 50% 37% K NOTE 3. PROPERTY AND EQUIPMENT Assets Construction equipment Crushing equipment General and administrative equipment Less accumulated depreciation Net property and equipment 2004 $ 186,839 1,424,237 152.033 1,763,109 648,547 2003 $ 126,272 1,199,401 128,346 1,454,0.19 371,433 $ 1.082.586 NOTE 4. PREPAID EXPENSES AND DEPOSITS 2004 2003 t Prepaid insurance Prepaid lease payments and deposits Prepaid income taxes Other prepaid expenses and deposits $673,948 85,132 0 27.084 $614,242 164,896 3,173 72,684 $786.164 £854.995 NOTE 5. INVESTMENT JN JOINT VENTURE The investment in joint venture in the prior year was comprised of advances for startup costs. These advances have been reimbursed and the Company has no continuing interest in the joint venture. I I I I NOTE 6. ACCRUED EXPENSES Accrued payroll and related expenses Sales taxes payable Accrued income taxes Contract payable on equipment purchase Other accrued expenses 2004 2003 $65,361 $42,449 38,309 58,074 15,923 0 0 ' 17,290 83,372 77.999 $202.965 $195.812 NOTE 7. SHORT-TERM AND LONG-TERM DEBT 2004 2003 $1,500,000 line of credit, secured by a blanket security agreement on all tangible and intangible assets, variable interest at prime plus 1.5%, payable monthly. Line of credit facility expires September 30,2005. Finance agreement for payment of liability insurance premiums, monthly payments of $88,363 including interest at 3.331% per annum. Various installment loans to purchase equipment, monthly payments totaling $36,926, interest rates from 5.23% to 8.0% collateralized by equipment. $1,378,362 $1,500,000 351,011 492,768 Unsecured promissory notes totaling $260,000, (see Note 8) interest at 10% and 8% per annum, payable monthly. All unpaid principal and interest is due July 1,2009. This debt is subordinated to any outstanding balance onThe line of credit agreement described above. 260.000 2,482,141 1,976.106 $ 506.035 Less, current portion Long-term debt 382,565 543,262 260.000 2,685,827 2.138.007 $ 547.820 Aggregate maturities of notes payable are as follows: 2005 2006 2007 2008 2009 and later Total 1,976,106 185,102 52,335 8,598 260.000 $ 2.482.141 NOTES. RELATED PARTY TRANS ACTIONS The company has borrowed a total of $260,000 from its stockholder, at 10% and 8% interest payable monthly. All unpaid principal and interest is due July 1, 2009. Interest expense related to this loan for the years presented is $24,800 and $24,800, respectively. NOTE 9. INCOME TAXES AND DEFERRED INCOME TAXES The provision for income taxes consists of: Currently payable Deferred Contract related Depreciation related 2004 $ 25,096 (22,568) 1,820 2003 $ 2,937 0 0 The components of deferred income taxes are: Contract related Depreciation related Income taxes prepaid and payable are: Income taxes, current Amounts paid to date 14,175 3.942 $25,096 9.173 $ 15.923 36,743 2.122 $38.865 $ 2,937 6.110 NOTE 10. ESTIMATED STOCKHOLDER INCOME TAXES As indicated in Note 1, the corporation's taxable income or loss will be reported on the tax returns of its stockholder. It is probable that funds needed to pay current income taxes will be distributed to the stockholder. Estimated current and future taxes on income taxable to stockholder are: Current Year Taxable Income Tax Estimated Federal tax at 28% $1,689,515 $473,064 .Estimated State tax at 9.3% $ 1,740,450 161.862 $634,926 Future Years Taxable . Income Tax $ 1,292,584 $ 1,207,797 $361,923 112.325 $474.248 10 NOTE 11. OPERATING LEASES The company leases office space under a one year lease, and construction equipment under short-term (daily/weekly) and long-term operating leases expiring in years 2005 through 2008. The long-term construction equipment leases provide for advance payments and for purchase options at predetermined prices at the end of their lease terms. None of the long-term leases are considered capital leases. Rental expense under all operating leases: Office space Administrative equipment Crushing equipment Construction equipment (long-term leases) 2004 2003 $ 12,717 2,292 1,207,477 197.965 S 1.420.451 $11,551 2,292 1,160,194 255,087 $1.429.124 Minimum future rental payments under non-cancelable operating leases having remaining terms in excess of one year as of December 31, 2004 for each of the next five years and in the aggregate are: 2005 2006 2007 2008 2009 and later $1,327,206 566,464 121,878 68,602 j) S 2.084.150 NOTE 12. COMPENSATED ABSENCES Employees of the company are entitled to paid vacation, sick days, and personal days off, depending on job classification, length of service, and other factors. Many employees are represented by a number of labor unions, and each contract contains different provisions for such employee-compensated absences. In addition, management and other nonunion employees have contracts or agreements that provide for compensated absences. It is hot practical to estimate the amount of compensation for future absences, and, accordingly, no liability has been recorded in the financial statements. The company's policy is to recognize the costs of compensated absences when actually paid to employees. NOTE 13. COMMITMENTS Under the terms of loan agreements with the bank, the company has made various commitments to maintain minimum current ratios, cash flow coverage ratios, and tangible ,net worth, and to limit outside financing. 11 NOTE 14. BACKLOG Backlog represents the amount of revenue the company expects to realize from uncompleted contracts in progress at year end and from signed contracts not yet started. 2004 2003 Contracts in progress Contracts and adjustments Less revenue earned to date Contracts not started Estimated future gross revenues $34,461,306 $33,012,623 20.416.408 18.945.137 14,044,898 14,067,486 212,530 66.950 $ 14.257.428 $ 14.134.436 NOTE 15. -CONTRACTS IN PROGRESS A summary of contracts in progress as presented on the following pages: 2004 Costs incurred to date Profit recognized to date Billings to date 2003 $17,139,822 $15,106,917 3.276.586 3.838.220 2.0,416,408 -18,945,137 17.312.547 16.738.296 $3.103.861 $2:206.841 Costs and estimated earnings in excess of billings Billings in excess of costs and estimated earnings $3,435,774 $2,237,195 £331.913) T30.354) $3.103.861 $2.206.841 12 tf-.o §1 .ga& sia<Mo " SriII#3].96 6 1 •ct i> CObo I?CQ H O O O O O O o 01 o o o OS COOS O co" •* O O O VO \o" O O CO OoOs t— O).Gscsosco •o o O £&: O II°e vi* ooj r-l m com VO ^vo r—•<*• O OS —<o \o Tt O of -<" o coOS C3 SO CO OSO OS •—I COC> CO VO t— cocoo o t-- t-OS vo VOr-VO T-l OS \pO^ \O 0s"0s" 0s- 0sVP0s- .0 <n co r- • o *=f r-J 01 -<t >o" vo' co 01 vo~ vo" so rf — '< o asni tt >— 'i— i i— ' 01 ol M- •— ' •— ' co cs ^f >— i •-< CN es OOOOS>-HOOOOOOOOOOOOOT}-OOOOCO OOOOOOOOOOOOOOsOCD^OOt--; O^O^OOOOOOOOO^C^V^COC^ t— . •— I-H 04 r- • <• V>* NO >^O vO s^ \^ ^Q ^o x^0s* O^ 0s* ^^ 0s O°* C^ 0s" 0sOi—if-~e>t^-T}-ir)r~-oovqrtor^cooNCTjiq O rn t-i O CS to C> C\ \O *-• O4 0s 0s- o** Q^ oi os co" co' i— CO• co -<d-oo as t— O\VOdOOC>lt*VO\C>O\OO\VOlOo rf lo vocs<o 25? 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Ovo >o xf o M vo •* 'r-i o- cs '— < fl Ov-»- ' n "Ox 'o <s o rn, • CS co fo o rso«— i ts»-( vo .00 vo CS 0 0\ onbe P< oo H O Ou 'OVycO^-^VOCOOOVO-'d^cS ^ "-^ O «N —^ CS CS^CO_O^ •*. CO co o\ r~** vo *o c^ ^3 ^^ t*** vo t^> vo oo o\ c^ ^^ ^~* ^J* co Is** ^^ ox cs o" cs CO VO ofi— io CO o\ Tfoo 06"r^VD CO § ooocTors V wir!o c3 £3o O 3o I I I I I I I I I I I I I I I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer <^zc Name and Phone No. of Person to Contract <C#G&*/ Type of Work Amount of Contract I Revised 10/08/03 Contract No. PWS06-21ENG Page 21 of 68 Pages 619a-o CDto S£-- °£g§ST-«- g. o^ Om Oo i> *> Ze|r CO ST tooco oCOCD DOUG1 0760San Diego(858) 385-LAS.horo,-8rn, C20. E.B£tSS5»K> O Z -clj 23 5" 3 £» CD CO CD tn n> T X) -fe. n> n> og. £ M"" CDJx CO •~J COs -*J-fc.to A,— J•Men ™ -*0> -oen N> PI -§S§§ c*g -g§C ex C13 ,-, to t: ° O fll --IffESl| -i>!gM <• C K> ^ >o co 0 ^ 7) 73 . S d N}g Z 0 «x| o -5o*nJ^JT]o _A CDM §g^§.,cg p en CO 2TTI CONSTRUCTS. Grove Ave'w, CA 91.761947-3883Oz NJ-fc~en o m 13 cos-l-S s 8f5|s°">to>g DMco^S o OK> ^-,W gm S •— 1 om*t 0 T!Z 3 T< CO• m.iJ p Oi § > ?Co: ^ ?o> mS-niCo p<;ROWAYin m to0 C >1 S CO S Ho™ or' Z ;o co fn cogs^o g c_ 05 $r~- 3 > ^z3D O DO P^m < co m -< mrn ^rnco o0>I COOD Z CD P I Zo-C 0 CO rn . rn z mm.m>x <»f11 o O3:- CO PROJECT NAT)5 jo 8 SchopD 3 CD O Q CD § •3 oonto•»-+•-irrp2 -nr.o'a Ootri co -oO I m 3 m•Jaco Dm z D m OO £.z SmOO 8 .0 .zQm 8 m 3D£2om 0o 0 CD _CO "co CD 0 O O -KJ-J oo Oo CD.-_tn •oop oo . CO. oO CO COpioo N)ro.o~-jUlpg -Jp oo O Cz PARTIAL PROJECT LIST Type of Work: Street Improvem ents Project Name: Owner: Client: " Address: Amount oTContract: Point of Contact: PhoITU "Number: Marine Corps Air Ground Combat Center US Marine Corps RA Burcti PO Box 1590. 1.112 B.Streel, Ramona CA 92065 S31.4.754.83 Dora Beftran 760'788-QSOO Project Name: Owner: Client: / Address: Amount nf Contract: Point bT Contact: Phone Nunibcr: Olivenhein Dam Olivenhefn Water District Fii.cwit Pacific PO Box 1769, Vancouver \VA 9S66S .-{3.02,790.35 Miclinel Brcdlie •.S5'S-756-'IQS9 Owner: Client:' Atldress: prContracl: -Cpntacl: I'Jrtmtf Number: Olay Ranch Village Per unit ownership Pacfllc' Coast Communities 3320 Valley Center Drive, San Diego, CA 92 1 30' Dawii'Nortbn' •Pri>jcctiin.inc: Oivner: ts^iij: Acldress: A (ifd u n t p}" Co I) t ra c t: Ppwt'pfCpnitact: Santvrarcps'IilvcI City pt:Sa)i Marcos iicnse.) _Phclps 24.J 5 Campus pr.,Stc. 100, Irvine, GA 92612' ' An'ylBurdctt 949-?'52-'(>ril.l PARTIAL PROJECT LIST Project Name: Redhawk Townc Center Owner: Redhawk Tovvne Center Client: McLaughlin Engineering & Mining Address: 41934 Main St> 11107 Amount of Contract: $727,520 Point of Contact: Lori Harrison Phone Number: 909-699/7957 Type of Work: Paving Project iiame: Pier 400 Baekland Owner: Pprt'of Los Angeles Client: SullyrMiller Address: 3820 Valley Center Drive, San Diego, CA 92130 Amount of Contract: $15,776,805 Point of Contact: Mitch Figna Phone Number: 714^78-9600 Type of Work: Aggregate Base •project name: Saji Marcos Blyd Pvypcr: City of San Marcos Client: Ijenscl Pliclps Address: • 24J5 Cfmpus Dr., Ste. 100, Irvine, CA 92612 Amount of Contract; $1,041,631.70 Point of Contact: AndyBiirdc.lt Pl'-CJnc Nut^ber: 949rB52-0111 Type of Work: Paving ; Project Name: Spprls Bar Qvvncr: Spbpb.a Bane! of Mission Indians :jOfcrlt: • Spboba Band of Missipn Indians Ad'xiifpss: Pai3p>c.487,.San JacintoCA 92581 Afi,-|puhlpfContract: $2,176,864 Pojpt.bf Cpphict: Robert.Saigadp Pli^nb Number: 909-654476.5 Type of Work: Siijrdihg •Project Name: Afl.mifiistration Building Pa'Ja'JBiindPf.Mission Indians '•P;aJ3 Band pf Mission Indiahs f^Bc^bYPalaX-A 92059 Afepiintof Gpntract: If,057,11.0 .pt^neN.urn^r: -. 760W742T3794 T^b-lpT Work.' ' • Sujldirig . I I I I I I B I I I I I I I I I I BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: ^^Comprehensive General Liability f Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No. PWS06-21ENG Page 22 of 68 Pages AWRCL -csnjiacArt^U*!^ PRODUCER 619-238-1 828 Driver Alliant Insurance Cory Doucette 1620 Fifth Avenue San Diego, CA 92101 INSURED Romero General Const. Corpt. Reilly Equipment, LLC 21 50 N. Centre City Pkwy Ste 1 Escondido CA 92026 i J^BfW'ifcVfri ifi;A!*t/4e! " " ' ;H^ """•• \ "* DATE (MM/BD/YYI ••' |Jj lN^U|w|*CJl£ ; £%» -- /"- I-, 5/02/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANYA Virginia Surety Company COMPANYB National Union Fire Ins Co COMPANYc COMPANY D COVERAGES ' / ' ' ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR A A B A TYPE OF INSURANCE GENERAL LIABILITY ^ COMMERCIAL GENERAL LIABILITY Hi | CLAIMS MADE | X | OCCUR X OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER UNO INCL EXCL POLICY NUMBER 1CG50274804 1CA 50274704 BE9034372 1CW50274904 POLICY EFFECTIVE DATE (MM/OD/YYI 12/31/05 12/31/05 10/01/05 12/31/05 POLICY EXPIRATION DATE (MM/DD/YYI 11/28/06 11/28/06 10/01/06 11/28/06 LIMITS GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire] MED EXP (Any one person) COMBINED SINGLE LIMIT BODILY INJURY {Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE y WC STATU- OTH-x TORY LIMITS Eft EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE * 2000000 * 2000000 9 100OOOO * 1000000 * 100000 * 5000 * 1000000 . s $ $ $ $ $ 3000000 S 3000000 $ 8 1000000 $ 1000000 $ 1000000 *10 DAYS NOTICE FOR NON-PAY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: CONCRETE REPLACEMENT PWS06-21 ENG THE CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED ON THE GL AND AUTO POLICIES. ENDORSEMENTS ATTACHED. CEftWKJAT€ H&JJD'ER' '.i'Ti"' •. CITY OF CARLSBAD PUBLIC WORKS PURCHASING DEPT. 1635 FARADAY AVENUE CARLSBAD, CA 92008-7314 I , , ,, , ' C&NC€ttA.tl0Ki ' , '' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANi KIND JJPpN THE COMPANY, ITS AGENTS OR REPRESENTATIVES. "TS^gCa* ^ ^^ ^ POLICY NUMBER: 1CG50274804 COM M ERCIAL GENERAL UABIUTY ROMERO GENERAL CONSTRUCTION CORPORATION RBLLY EQUIPMENT, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ~ OWNERS, LESSEES OR CONTRACTORS - (FORM B) Thfs endorsement modified Insurance provided under the following; COMMERCIAL GENERAL UABIUTY COVERAGE PART SCHEDULE Name of Person or Organization: Where required by written contract, but only when form 2010 11/85 (or Us equivalent) is specifically required by that contract. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown In the Sched- ule, but only wtth respect to liability arising out of "your work0 for that insured by or lor you. CG 201011 85 Copvrtoiit Insurance Services Office, Inc., 1984 Page 1 of 1 Virginia Surety Company, Inc. 1000 N. Milwaukee Avenue Glenview, Illinois 60025 POLICY NUMBER: 1CA50274704 ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured: d. Arty person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of. (1) The coverage or limits of this policy, or (2) The coverage or limits required by said contract or agreement. Named Insured Policy Number Policy Period Producer's Name: Producer Number: ROMERO GENERAL CONSTRUCTION CORPORATION REILLY EQUIPMENT, LLC 1CA50274704 12-31-05 to 11-28-06 Endorsement No. Endorsement Effective Date: 000 12-31-05 CPG/Special Risk Resources Insurance Agency Inc. AUTHORIZED REPRESENTATI DATE CACPGCA4(07rt)4) ItW • 1V I • | 1 1 1 1 1 | 1 I BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?_syes no 2) If yes, what was/were the name(s) of the debarment(s)? Attach additional copies of this party debarred agency period of debarment BY CONTRACTOR: *~^ (name of Contractor) Bv: ^f/.UtJW (sign here) , ^tcrtl- /Ov W/ /Q^/^7 agency(ies) and what was/were the period (s) of page to accommodate more than two debarments. party debarred agency period of debarment / /- Jy/K/ip^ I I (print name/title) Page ) I( of _ >pages of this Re Debarment form Revised 10/08/03 Contract No. PWS06-21ENG Page 23 of 68 Pages I I I I I I I I I I I I I I I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 2) Has the suspension or revocation of your contractors license ever been stayed? yes 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of trreV^ork ever been stayed? \ yes no 5) If the answer to either of 1 . or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of I the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page [_ of *-— pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PWS06-21ENG Page 24 of 68 Pages I I I I I I I I I I I I I I BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONCRETE REPLACEMENT CONTRACT NO. PWS06-21 ENG 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: ^ (name of Contractor) lgn here) bo// (print name/title) *J "^Page ^^of <—-pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PWS06-21 ENG Page 25 of 68 Pages 1 i I I I r \ i i NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONCRETE REPLACEMENT CONTRACT NO. PWS06-21 ENG State of California County of 7 being first duly sworn, deposes and says that he or she is of (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the for. execut^i on the JZ.'T^ day of _ jgoing is. true and correct and that this affidavit was •Signature of Bidder Subscribed and sworn to before me on the "Z-~7~day of ., 20 nh . (NOTARY SEAL) MlChfcUt aADIUO Commission # 1395486 Notary Public • California San Dieao County MyComm.Exp»»»JQn21,2007 ' Signature of Notary Revised 10/08/03 Contract No. PWS06-21ENG Page 26 of 68 Pages I I 1 I I I I I I I I I I I I I 1 City of Carlsbad Public Works February 23, 2006 ADDENDUM NO. 1 RE: BID NO. PWS06-21ENG, CONCRETE REPLACEMENT Please include this addendum in the Request for Bid/Notice Inviting Bid you have for the above project: Submissions for this bid will now be due no later than 2:00 PM. March 28. 2006. Bids will not be accepted after this time and date. This addendum—receipt acknowledged—must be attached to your bid when it is submitted. KEVIN DAVIS Buyer I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2730 • FAX (760) 6O2-8562 CONTRACT PUBLIC WORKS This agreement is made this / o ~~ day of /^r'#-*-g j c3. OO tf _ by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City), and _ ROMERO GENERAL _ whose principal place of business is _ 2150 N CENTRE CITY PARKWAY ESCONDIDO CA 92026 (hereinafter called "Contractor"). City and Contractor agree as follows: 1 . Description of Work. Contractor shall perform all work specified in the Contract documents for: CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 1998 Edition, and the 1998 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The Public Works Supervisor will close the estimate of work completed for progress payments on the last working day of each month. Revised 10/08/03 Contract No. PWS06-21ENG Page 27 of 68 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. ATc^ Revised 10/08/03 Contract No. PWS06-21ENG Page 28 of 68 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91^03. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. Revised 10/08/03 Contract No. PWS06-21ENG Page 29 of 68 Pages a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. Revised 10/08/03 Contract No. PWS06-21ENG Page 30 of 68 Pages 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. V/^ init init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompany- ing the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. Revised 10/08/03 Contract No. PWS06-21ENG Page 31 of 68 Pages 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: //(name ofeContract Bv: .A---—^^ ^ (print name and-title)'" A^/ LORRAINE M. WOOD, City Clerk ,---^ L/ 'xx/ N"T% ^ President or vice-president and secretary or assistant secretary must sigfl'loftjoi^orations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attom Revised 10/08/03 Contract No. PWS06-21ENG Page 32 of 68 Pages f State of California ^ "| <^T /\ ICountv of '^2£*^2^/Z\>' f SS'~ o * On ^ f'^t ** , before me, Date » —. personally appeared /^Oni/\^ f^-i Vy / K/l\personally known to me - or -y-> v ' I proved to me on the basis of satisfactory evidence: ED fnrm(s) of identification ED Tprlihlp witnpss(<=s) to be the person(s) whose name(s) is/are subscribed signature(s) on the instrument the person(s), or the executed the instrument. W 4 'x&JEfev TASMIN DOMINfc BKUWN 2Oj^fl^ CXDMM.# 1573381 S 2sl?9SEn NOTARY PUBUC - CALIFORNIA W '5^^T»7 SAN DIEGO COUNIL, J3 ^l^S/COMM, EXPIRES APRIL 26, 2009 j (Seal) UPIIUNALII Although the information in this section is not required by lav acknowledgment fo an unauthorized document and may pn Description of Attached Document CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT * Printed Name of Notary Public . Printed l^me(s) of Signet^) ^ / f £ ^) (J to the within instrument and acknowledged to me authorized capacity(ies), and that by his/bef/their entity upon behalf of which the person(s) acted, ITNESS my hand and official seal. ^FORMATION v, it could preven we useful to pers Signature of Notary Public f fraudulent removal and reattachmefit-efthis ons relying on the attached document. 1 \ ne preceding certificate of Acknowledgment is attacned to a document ^•••yjfiRiHBKyaiiir.iJ.miii HI liillMBiM ! titled/for the purpose of containing pages, and dated ; The signer(s) capacity or authority is/are as: D Individual® 1 1 Attorney-in-Fact l~~l Corporate Officers) |[ i % — Title{s) ED Guardian/Conservator ED Partner -Limited/General ED Trustee(s) ED Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing ED Additional Signer(s) | | Signer(s)Thumbprint(s) ED Other •-. ( © Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.c EXECUTED IN DUPLICATE BOND NO. 7581418 PREMIUM: INCLUDED LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.2006-104. adopted April 25.2006 has awarded to ROMERO GENERAL CONSTRUCTION (hereinafter designated as the "Principal"), a Contract fbrCORP. CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, ROMERO GENERAL CONSTRUCTION CORP..as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE MILLION ONE HUNDRED FORTY THREE THOUSAND THREE HUNDRED FORTY NINE Dollars and NINETY THREE cents fS1.143.349.93'). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns In any suit brought upon the bond, Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the wprk to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.. Revised 10/08/03 Contract No, PWS06-21ENG Page 33 of 68 Pages In the event that Contractor is an individual, It Is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 1ST day of MAY , 2006 . CONTRACTOR: ROMERO GENERAL C0NSTRUC/TION CORP. (nameofCpfifractor) // Bv: ~ *- .dayExecuted by SURETY this 1ST of MAY , 2Q06 SURETY; FIDELITY AND DEPOSIT COMPANY OF MARYLAND (name of Surety) 801 N. BRAND BLVD., PENTHOUSE SUITE GLENDALE. CA 91203 (address of Surety) (818)409-2815 V^x-^/Ttelephone number of BK^vfl k0Aid (signature of VALERIE M. PEARCE (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached ) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering mat officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL CityAI By: Deputy Revised 10/08/03 Contract No. PWS06-21ENG Page 34 of 68 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN DIEGO before me, AUDREY RODRIGUEZ, NOTARY PUBLIC M«MindTWig(Ofow(t.t,VMW D04, Netty Pittfe") VALERIE M. PEARCE £1 personally known to me O proved to me on the basis of satisfactory evidence to be the person(S) whose namegS) is/UK subscribed to the within Instrument and acknowledged to me thatS/sheaBS? executed the same In 3G&/herflffiSr authorized capacity(les), and that by JEk/herSESSS. signature^) on the instrument the person®, or the entity upon behalf of which the person(x) acted, executed the instrument official seal. OPTIONAL Though the Information below Is not required by taw. It may prwe valuable topefsons fefylng on.the document and coMpnnvnt fraudulent removal and reattachment of ttfe form to another document. Description of Attached Document Title or Type of Document: Document Date: j i i i t t Number of Pages: Slgner(s) Other Than Named Above: Capaclty(les) Claimed by Signer Signer's Name: O Individual O Corporate Officer—Tltle(8): O Partner—O Limited D General D Attomey-ln-Faot D Trustee O Guardian or Conservator D Other Signer Is Representing: • t*M rMoral Notuy AMooMon • MM <M Me Aw., P.O. BOK MOt • Ctwtnwrth, CA »U1»*4<« • www.nrtonrtwUiy.oiB Prod. Ho. Wf! Bond Number: PRF7581418 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by Frank E. Martin, Jr., Vice President and Gerald F. Haley, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth da the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereT^, nominate, constitute and appoint Valerie Mt. Pcarce , ils true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: Bond or undertaking number PRF7581418 issued on behalf of Romero General Construction Corp. > as Principal in a penalty not to exceed the sum of One Million Three Hundred Seventy Two Thousand Twenty and Zero Cents , ($ 1.372.020 ........ ) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said company, as fully and ampryj'tb all intents and purposes, as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore. MD, in their own proper persons. The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force, IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 1st day of May , A.D. 2006 . ATTEST:FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley Assistant Secretary By: Frank E. Martin, Jr.Vice President State of Maryland County of Baltimore iss: On this 1st day of May ) A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Stephen G. Moxley My Commission Expires: Notary Public November 1, 2007 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to. aPP°int Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys- in-Fact as the business of the Company may require, or to authorize-ffliy person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." - ' - CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY Af^D DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the'date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided ia Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever'appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this *st day of May 2006 . L.L. Goucher Assistant Secretary 1i £z 5! State of California r- \ "1 /-.^±r~ /y Lcountv of ift^JLJs * <Y I SS' CERTIFIC^j , 0 J ^ On j5 /S0 /#(fl .before me. /^ LIFORNIA ALL-PURPOSE :ATE OF ACKNOWLEDGMENT ,/tv/n j'y*7^-"^ Date / ^ , x-^ ' •" Printed Nanle ofRotaryflublic /-^. , personally appeared A^/y^l /^£/A*-\ V J"^/^ A^/VV 'A / Printed N*ne(s) of Slgner(s) /7/7 /I fSlQpersonallyknowntome -or- VI ^ ^y f~l proved to me on the basis of satisfactory evidence: n formW of irlpnfifirafion [~| rrpdihl^ witn^s^s) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -hts/her/their authorized capacity(ies), and that by <hic/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. T* ^5^s, TASMIN DOMINE BROWN y ^^«8^ COMM.# 1573381 «0^?^^ NOTARY PUBLIC- CALIFORNIA W ^__^-- ^ \*&*ffw7 SAN DIEGO COUNTY U ^ ^" ^^^^^COMM. EXPIRES APRIL 26,J009_£ ^ ^ ^s— •*—* ^ —- ^ ^f ^^'^X^ • ~^"^_^ /.s*^ . Signature of Notary Public ~^™~™""~— — — — (Sea/J UPIIUNAL INhOHMAItON A/though the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document l he preceding Certificate of Acknowledgment is attached to a document HUBTOfflfflf 1.1 .f-n • BI f,\ n rffTTTfflBimilH titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: D Individuals) I I Attorney-in-Fact I I Corporate Officer(s) Title(s) I I Guardian/Conservator I I Partner -Limited/General D Trustee(s) D Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Q Additional Signer(s) | | Signer(s)Thumbprint(s) G Other i = ^ I I ( O Copyright 2004 Notary Rotary, Inc. 925 29th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com EXECUTED IN DUPLICATE BOND NO. 7581418 PREMIUM: $10,879.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No.2006-104. adopted April 25. 2006 has awarded to ROMERO GENERAL CONSTRUCTION (hereinafter designated as the "Principal"), a Contract for: CORP. CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file In the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference,. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, ROMERO GENERAL CONSTRUCTION CORP. as Principal, (hereinafter designated as the "Contractor"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE MILLION ONE HUNDRED FORTY THREE THOUSAND THREE HUNDRED FORTY NINE Dollars and NINETY THREE cents ($1.143.349.93). said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the fece amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.. Revised 10708/03 Contract No. PWS06-21ENG Page 35 of 68 Pages In the event that Contractor Is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations underthis bond. Executed by CONTRACTOR this 1ST day of MAY , 2006 . CONTRACTOR: ROMERO GENERAL CONSTRUCTION CORP. ame of Contractor) . e//ll\ , (print name here)..) j flrtefpU-J (Title and Organization of Signatory) Executed by SURETY this 1ST day of MAY .20 06 SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND (name of Surety) 801 N. BRAND BLVD., PENTHOUSE SUITE GLENDALE, CA91203 (address of Surety) (818)409-2815 (telephone number of Su* By: (signature of Attomey-in-Fact) VALERIE M. PEARCE _ (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached..) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/03/03 Contract No. PWS06-21ENG Page 36 of 68 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT !&8&£&8&2&£&fl&£&®&&&&££G6fS! State of California County of SAH DIEGO ss, On.MAY 0 1 2006 personally appeared before me, AUDREY RODRIGUEZ, NOTARY PUBLIC MMitmdniiof """ VALERIE M. PEARCE JO personally known to me D proved to me on the baste of satisfactory evidence to be the person($ whose name$) ls/3D§ subscribed to the within instrument and acknowledged to me thatJg?/she3HS£ executed the same In J3&/berlEX5r authorized capacity(ies), and that by XS/hertoate. signature^) on the Instrument the person®, or the entity upon behalf of which the person® acted, executed the Instrument ESS my I I official seal. OPTIONAL Though the Infomatton below Is not nqufod by law. It may prwv&urth to pettwrefyty on. foe doojmentarrt could prevent fraudulent removal and reattachment of Otis form to another document. Description of Attached Document Title or Type of Document: Document Date:.Number of Pages:. Slgner(s) Other Than Named Above:; Capacities) Claimed by Signer Signer's Name:. O Individual D Corporate Officer—TWefe): D Partner—D Limited D General O Attomey-ln-Faot O Trustee O Guardian or Conservator D Other Signer Is Representing:. «tIM Hrtteod Notary AMooMbn • »MO Ot Srto Aw., P.O. Box Mtt > CtataKXfi, CA B1 J18^40a • www.Mlten4lnottiy.ois Prod. No. NOT toonhr. oil IWttM 1-«0047«-e^7 Bond Number: PRF7581418 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by Frank E. Martin, Jr., Vice President and Gerald F. Haley, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of Said Company, which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Valerie 1V£Pearce . ^ . ;,:. . ite true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act: and deed: Bond or undertaking number PRF7581418 issued oft behalf of Romero General Construction Corp. ' , as Principal in a penalty not to exceed the sum of One Million Three Hundred Seventy Two Thousand Twenty and Zero Cents , ($ 1.372.020 ..... .,) and the execution of such bond or undertaking in pursuance of these presents, shall be as binding upon said company, as fully and amply, to all intents and purposes, as if it had been duly executed and acknowledged by the regiilarly elected officers of me Company at its office in Baltimore. MD, in their own proper persons. The said Assistant Secretary do%s hereby certify that the extract set forth on fee next page hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, Hie said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 1st day of May , A.D. 2006 . ATTEST:FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gerald F. Haley <? Assistant Secretary By: Frank E. Martin, Jr.Vice President State of Maryland County of Baltimore iss: On this 1st day of May , A.D. 2006 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is me Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Stephen G. Moxley My Commission Expires: Notary Public November 1, 2007 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorney s- in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf'of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal ofthe Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney* was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe Board of Directors ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary ofthe Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this *s* day of May 2006 L.L. Goucher Assistant Secretary ENTACKHOft'i. EDGMEMiU: WOW. £O5*ilB<UCKMQV". t '• State of Califorpj. •X'-L-— —" •>County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT personally known to me-or-v proved to me on the basis of satisfactory evidence: D form(s) of identification : D credible witnesses) to be the person(s) whose name(s) »/are subscribed to the within instrument and acknowledged to me that -he/oho/they executed the same in bJs/her/their authorized capacity(ies), and that by Jws/heiytheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. fTASMINDOMINE BROWN COMM. # 1573381 ~ NOTARY PUBLIC -CALIFORNIA ^ •SAN DIEGO COUNTY 0 COMM. EXPIRES APRIL 26.2009 ? (Seal) Signature of Notary Public OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of Additional Information containing pages, and dated The signer(s) capacity or authority is/are as: D Individual(s) CH Attorney-in-Fact D Corporate Offlcer(s) Titlefs) HH Guardian/Conservator n Partner - Limited/General D Trustee(s) D Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing (31 Additional Signer(s) | | Signer(s)Thumbprint(s) G Other . © Copyright 2004 Notary Rotary, Inc. 92529th St., Des Moines, IA 50312-3612 Form ACK02. 02/04. To re-order, call toll-free 1-877-349-6538 or visit us on the Internet at http://www.thenotaryshop.com OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for: CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Revised 10/08/03 Contract No. PWS06-21ENG Page 37 of 68 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature Address _ For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. PWS06-21ENG Page 38 of 68 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature Address MAYOR For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 10/08/03 Contract No. PWS06-21ENG Page 39 of 68 Pages SUPPLEMENTAL PROVISIONS FOR CONCRETE REPLACEMENT CONTRACT NO. PWS06-21ENG SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Construction Inspector is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Construction Inspector," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Construction Inspector", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Construction Inspector is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. PWS06-21ENG Page 40 of 68 Pages 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Public Works Director - The Construction Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Director - the Public Works Director of the City of Carlsbad or his/her approved representative. The Public Works Director is the second level of appeal for informal dispute resolution. Construction Inspector - the Construction Inspector or designated representative for inspection, contract administration and first level for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Aprtment and Apartments Bldg Building band Buildings CMWD Catebad Municipal Water District CSSD Cabbad Supplemental Standard Drawings cfs Cubic Feet peSecond Comm Commecial DR Dimension Ratio E Eleclc G Gas gal Gallon and Gallons oRevised 10/08/03 Contract No. PWS06-21ENG Page 41 of 68 Pages Gar Gaage and Garages GNV Gound Not Visible gpm gallons peiminute IE Inert Elevation LCWD Leucadia CountyWater District MSL Man Sea Level (see Regional Standard Drawing M-12) MTBM Wbrotunneling Boring Machine NCTD Moth County Transit District OHE Oerhead Electric OMWD Olhenhain Municipal Water District ROW Rightef-Way S Sever or Slope, as applicable SDNR San Diego Nothem Railway SDRSD San Diego Regional fendard Drawing SFM Sever Force Main T flephone UE Undeground Electric W Vttter, Wider or Width, as applicable VWD VHIecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. Revised 10/08/03 Contract No. PWS06-21ENG Page 42 of 68 Pages The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Construction Inspector. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the latest supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Special Provisions. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Construction Inspector). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section numbers) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Construction Inspector's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: Revised 10/08/03 Contract No. PWS06-21ENG Page 43 of 68 Pages "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Construction Inspector within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Construction Inspector may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Construction Inspector, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Construction Inspector shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Construction Inspector may deem necessary, upon reasonable advance notice, Contractor shall make available to the Construction Inspector for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Construction Inspector to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. Revised 10/08/03 Contract No. PWS06-21ENG Page 44 of 68 Pages SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a bid item in excess of 25 percent of the original quantity bid, the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALJRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Dally Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Public Works Supervisor, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Construction Inspector due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6- 7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Construction Inspector upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. Revised 10/08/03 Contract No. PWS06-21ENG Page 45 of 68 Pages The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Construction Inspector within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Construction Inspector at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Construction Inspector 2. Construction Manager 3. Deputy City Engineer - Inspection Division The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. Revised 10/08/03 Contract No. PWS06-21ENG Page 46 of 68 Pages All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a Revised 10/08/03 Contract No. PWS06-21ENG Page 47 of 68 Pages meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 10/08/03 Contract No. PWS06-21ENG Page 48 of 68 Pages SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Construction Inspector free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Construction Inspector with such information as may be necessary to keep the Construction Inspector fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Construction Inspector, the source of supply of each of the materials shall be approved by the Construction Inspector before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Construction Inspector and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Construction Inspector. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Construction Inspector, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. PWS06-21ENG Page 49 of 68 Pages Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Construction Inspector a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Construction Inspector shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-4 RELOCATION. Add the following: The Contractor shall protect in place all utilities, appurtenances, and structures in the area of work. Any utility, appurtenance or structure damaged by the Contractor shall be replaced by the Contractor and no cost to the City. Meter boxes in the concrete may need to be reset or relocated as part of the work. The Contractor is responsible for protecting existing meter boxes during construction and relocating boxes in the newly placed concrete as part of the unit bid price for the concrete bid item. No additional payment will be made to the Contractor for adjusting or relocating meter boxes in the concrete. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five 5 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Constructlon Meeting. After, or upon, notification of contract award, the Construction Inspector will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the Preconstruction meeting. Revised 10/08/03 Contract No. PWS06-21ENG Page 50 of 68 Pages Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Construction Schedule to the Construction Inspector at the Pre-Construction Meeting and upon issuance of the Notice to Proceed. Construction schedule is considered incidental to the Work and no additional payment will be made therefore. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown in the Contract Document and Specifications, including the following: The Contractor shall begin the Project Work by removing and replacing concrete adjacent to Carlsbad Village Drive. After that is completed, then work shall begin on Tamarack Avenue. After that work is completed, then work shall begin on the rest of the streets in the Northwest Quadrant of the City. After that is completed, then the work shall begin in the Southeast Quadrant of the City. This order of work is set so that the roads may be paved by another Contractor in a timely manner without delaying the paving Contractor. No additional payment shall be made for this Order of Work. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within sixty (60) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Hours of work will be set by the Traffic Engineer once traffic control plans have been submitted and reviewed by the City. The hours of work set by the Traffic Engineer take precedence over the normal working hours presented in this section. Unless otherwise approved in writing by the Construction Inspector, the hours of work shall be between the hours of 7:30 a.m. and 4:30 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Construction Inspector if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Construction Inspector may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall not be paid extra for the working hours set by the City beyond the unit prices bid for the Work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Construction Inspector will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Construction Inspector is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Construction Inspector's judgment, the Work has been completed and is ready for acceptance the Construction Inspector will so certify to the City. Upon such certification by the Construction Inspector the City may accept the completed Work. Upon the City's acceptance of the Work the Construction Inspector will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one-year warranty period. Revised 10/08/03 Contract No. PWS06-21ENG Page 51 of 68 Pages 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $1.000. Execution of the Contract shall constitute agreement by the Agency and Contractor that $1.000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their structures or appurtenances. The Contractor may be granted a time extension if, in the opinion of the Construction Inspector, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. Revised 10/08/03 Contract No. PWS06-21ENG Page 52 of 68 Pages 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Construction Inspector may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. Add the following: Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. For any lane closure on El Camino Real, Carlsbad Village Drive, and Tamarack Avenue the Contractor will be required to use a Portable Changeable Message Sign and large flashing Arrow Board in addition to the normal cone arrangements. Details regarding the placement and use of these devices will be specified in the Traffic Control Plan as prepared by the Contractor and reviewed by the Traffic Engineer. Revised 10/08/03 Contract No. PWS06-21ENG Page 53 of 68 Pages All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.Let seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the traveling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the traveling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (61) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance'of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a signpost or telescoping flag tree with flags. The signpost or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six feet, nor operate equipment within 0.6 m (2') from any traffic lane occupied by traffic. For equipment the 0.6 m (2')) shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in performing the work. This requirement may be waived when the Construction Inspector has given written authorization to the reduction in clearance that is specific to the time, duration and location of such waiver, when such reduction is shown on the traffic control plans included in these contract documents, when such reduction is shown on the traffic control plans prepared by the Contractor and approved by the Construction Inspector or for the work of installing, maintaining and removing traffic control devices. As a condition of such waiver the Construction Inspector may require the Contractor to detour traffic, adjust the width of, or realign the adjacent traffic lane, close the adjacent traffic lane or provide barriers. During the entire construction, a minimum of one paved traffic lanes, not less than 3.6m (12') wide, shall be open for use by public traffic in each direction of travel. Revised 10/08/03 Contract No. PWS06-21ENG Page 54 of 68 Pages Add the following section: 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways shall be in accordance with the Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement and provisions under "Maintaining Traffic" elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, approved by the Engineer, within the limits of the right-of-way. Add the following section: 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. During traffic stripe operations, traffic shall be controlled with lane closures, as provided for under 'Traffic Control System for Lane Closure" of these Supplemental Provisions or by use of an alternative traffic control plan proposed by the Contractor and approved by the Engineer. The Contractor shall not start traffic striping operations using an alternative plan until the Contractor has submitted its plan to the Engineer and has received the Engineer's written approval of said plan. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. Contractor shall have new Traffic Control Plans (TCP) prepared and submitted as a part of the Work for any and all construction activities that are located within the traveled way. Contractor must submit the TCP for the Traffic Engineer's review in conformance with the requirements of section 2-5.3, et seq. and obtain the Construction Inspector's approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Construction Inspector's review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the traveled surface differs from the finished pavement elevation vertical curves must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Construction Inspector and of the. Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition as amended by the MUTCD 2003 California Supplement. Such modification, addition, supplement, and/or new design of TCP shall be prepared by a registered professional engineer appropriately registered in the State of California. The Construction Inspector shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Construction Inspector may approve any such modifications, supplements, and/or new designs to the TCP when, in the Construction Inspector's sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional engineer retained by Contractor will be beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Construction Inspector. The preparation of such modification, addition, supplement, and/or new designs of TCP shall not presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements of section 2-5.3 Shop Drawings and Submittals. Revised 10/08/03 Contract No. PWS06-21ENG Page 55 of 68 Pages Add the following section: 7-10.3.7 Payment. Traffic control will be paid for per the price bid for "Traffic Control." The lump sum bid price shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as approved additions and modifications, as specified in these supplemental provisions, and as directed by the Construction Inspector. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the bid price and no additional payment will be made therefor. Traffic Control shall be paid for on a pro-rated basis as a percentage of the work completed as estimated by the Inspector. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" Revised 10/08/03 Contract No. PWS06-21ENG Page 56 of 68 Pages 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Construction Inspector will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Construction Inspector shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Construction Inspector with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Construction Inspector shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Construction Inspector determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Construction Inspector, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Construction Inspector will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Construction Inspector and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Construction Inspector will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Construction Inspector 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 Construction Inspector to ascertain the basis and amount of said disputed items. The Construction Inspector will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Construction Inspector to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. Revised 10/08/03 Contract No. PWS06-21ENG Page 57 of 68 Pages 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Construction Inspector to ascertain the basis and amount of said claims. The Construction Inspector will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Construction Inspector to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Construction Inspector. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Revised 10/08/03 Contract No. PWS06-21ENG Page 58 of 68 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified below in Section 200-2.7 of these Supplemental Provisions. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Percentage Passing 11/2" Maximum 3/4" Maximum Operating Operating Sieve Sizes Range Range 2" 100 — 11/2" 90-100 — 1" — 100 3/4" 50-85 90-100 No. 4 25-45 35-60 No. 30 10-25 10-30 No. 200 2-9 2-9 QUALITY REQUIREMENTS Operating Tests Range Resistance (R-value) 78 Win. Sand Equivalent 25 Min. Durability Index 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." Revised 10/08/03 Contract No. PWS06-21ENG Page 59 of 68 Pages If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201 -1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Class 330-C-23 (560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) 350-C-27 (590-C-3750) 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-1 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201-1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2 Materials. 201-1.2.4(a) Integral Colored Concrete. Add the following: Integral color shall consist of colored admixtures developed for use in ready mixed concrete. The product shall be made of the highest quality pigments, as well as other ingredients designed to enhance the color and improve the pigment dispersion, workability and finishing performance of the concrete. Integral color pigments shall meet or exceed ASTM-C-979. The coloring method shall be designed for concrete flatwork applications (salt finished, broom finishes, rotary finishes), as well as vertical surfaces, and other types of architectural concrete. Pigment shall be a permanent coloration, uniform throughout the concrete surface and interior, and shall be highly UV and fade resistant. Integral colored concrete shall be cured with QC Color Cure color matched to the concrete (see product information bulletin). Provide sample panel submittals of all colors to be used in the installation on identical surfaces for approval by Resident Engineer. Contractor shall provide a maintenance schedule for integral colored concrete. Revised 10/08/03 Contract No. PWS06-21ENG Page 60 of 68 Pages Admixture for all integral colored concrete paving in medians and other integral colored concrete shall be the following: Color: match existing Curing: Scofield Colorcure Concrete Sealer (or approved equal). See Section 201 of these Supplemental Provisions for Concrete Curing Materials. Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 Admixture products and procedures for installation shall be in strict accordance with the manufacturer's specifications and recommendations, and those published by the American Concrete Institute (ACI) and the Portland Cement Association (PCA). 201-1.2.4 Chemical Admixtures, (e) Air-Entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. Add the following: 201-1.6 Finish: match existing Add the following: 201-1.7 Miscellaneous Concrete Finishing Products. 201-1.7.1 Water Base Penetrating Sealer for Integral Colored Concrete. (Scofield Coiorcure Concrete Sealer or approved equal) Water base penetrating sealer shall be a sealer designed for the protection of imprinted and natural concrete. Water base penetrating sealer shall be a sealer designed for the protection of imprinted, colored and natural concrete, and other masonry surfaces to preserve the natural appearance of the masonry without darkening or adding gloss to the surface. It shall preserve the natural slip resistance of the concrete, etc. Sealer shall repel spills and soils, minimizing staining and maintenance. Seal shall leave no visible material on the surface and shall be absorbed and locked into the pores of the masonry, repelling liquids and soils but leaving the top surface natural in appearance. Install per manufacturer's directions. Seal shall be compatible with the surfaces and materials which it is applied. Concrete sealer shall conform to the following specifications: Color: Clear, non-yellowing Odor: Mild Flash Point: None (C.O.C. method) Specific Grav.: 1.03 Density: 8.6 pounds per gallon Drying Time: 30 minutes to 60 minutes Cure Time: 24 to 48 hours VOC Content: None (0 g/l) excluding water Polymer Type: Proprietary Reactive Resin System Coverages (approximate): Smooth Concrete: 300 to 400 square feet per gallon Rough Concrete: 200 to 300 square feet per gallon Revised 10/08/03 Contract No. PWS06-21ENG Page 61 of 68 Pages Note: Coverages vary depending on porosity and condition of surface and method of application. Method of Application: Airless sprayer Manufacturer: Scofield Chromix Admixtures for color-conditioned concrete, or approved equal L.M. Scofield Company 6533 Bandini Boulevard Los Angeles, CA 90040 1-800-800-9900 All materials shall be furnished, prepared, applied, cured, and stored according to the product manufacturer's direction. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following: 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a V* continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Provide color selections made by Engineer from manufacturer's full range of standard colors for products of type indicated. Sealant color parallel to curbline shall match color of Paving Treatment Type "A" as specified in Section 201-1.2.4(a) of these Special Provisions. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Revised 10/08/03 Contract No. PWS06-21ENG Page 62 of 68 Pages Acceptable Products: "Sonnebom NPII"; Sonneborn Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. SECTION 206 - MISCELLANEOUS METAL ITEMS Add the following section: 206-7 TRAFFIC SIGNS. Add the following section: 206-7.1.1 General. Materials, legend, proportion, size, and fabrication of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993", Sheets 1 through 5 that accompany "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where the "SPECIFICATION FOR REFLECTIVE SHEETING SIGNS, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Add the following section: 206-7.2 Temporary Traffic Signs. Temporary traffic signs shall consist of all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic during the Contractor's performance of the Work. Temporary traffic signs include both stationary and portable signs. Add the following section: 206-7.2.1 General. Materials, legend, proportion, size, and fabrication of all temporary traffic signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall conform to the requirements of "Specifications For Reflective Sheeting Signs, October 1993", Sheets 1 through 5 that accompany "Specifications For Reflective Sheeting Signs, October 1993" of dimensions and details, dated April 1987, and "OPAQUE COLOR CHART", dated February 1980, all published by the State of California, Department of Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks Drive, Sacramento, CA 95819 and as modified herein. Where The "Specification For Reflective Sheeting Signs, October 1993" require the Contractor or supplier to notify the Department of Transportation or to certify compliance to said "Specifications For Reflective Sheeting Signs, October 1993", to provide a quality control program or to allow testing, approval, observation of manufacturing or assembly operations by the State of California, Department of Transportation and/or its employees or officials, such rights shall be vested in the Engineer. Revised 10/08/03 Contract No. PWS06-21ENG Page 63 of 68 Pages Add the following section: 206-7.2.2 Drawings. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Standard temporary traffic signs shall be as per the most recently approved "Approved Sign Specification Sheets" of the State of California, Department of Transportation. The date of approval shall be the date most closely preceding the date of manufacture of the sign(s) or the date of the "Notice to Proceed" of this contract, whichever is most recent. Add the following section: 206-7.2.3 Reflective Sheeting. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: All advisory signs, warning signs and all regulatory signs shall be fabricated with Type III encapsulated lens sheeting conforming to the requirements of this specification. Add the following section: 206-7.2.4 Substrate. Modify the "Specifications For Reflective Sheeting Signs, October 1993" as follows: Excepting only construction warning signs used at a single location during daylight hours for not more than five (5) consecutive days, all signs used for the direction, warning, and regulation of vehicle (including bicycle) and pedestrian traffic shall be stationary mounted and shall use aluminum substrate. Add the following section: 206-7.2.5 Stationary Mounted Temporary Traffic Signs. Stationary mounted temporary traffic signs shall be installed on 10-gage and 12-gage cold-rolled steel perforated tubing posts in the same manner shown on the State of California, Department of Transportation "Standard Plans" 1995 edition standard plans numbers RS1, RS2, RS3 and RS4 for installation of roadside signs, except as follows: a) Wood posts shall not be used. b) Back braces and blocks for sign panels will not be required. c) The height to the bottom of the sign panel above the edge of traveled way shall be at least 2.1 m (7'). d) Unless otherwise shown on the plans traffic sign posts shall conform in materials and installation to SDRS drawing M-45 and shall have one post provided for each 0.48 m2 (5 ft2)of sign area, or the signs may be installed on existing lighting standards when approved by the Engineer. e) Sign panels mounted on temporary traffic sign posts shall conform to the requirements specified for aluminum signs in the "Specifications For Reflective Sheeting Signs, October 1993". Add the following section: 206-7.2.6 Temporary Traffic Sign Posts. Posts shall be 10-gage or 12-gage cold-rolled steel perforated tubing used for the support and stabilization of stationary mounted temporary signs. Post size and number of posts shall be as shown on the plans, except that when stationary mounted signs are installed and the type of sign installation is not shown on the plans, post size and the number of posts will be determined by the Engineer. Sign panels for stationary mounted signs shall consist of reflective sheeting applied to a sign substrate. Revised 10/08/03 Contract No. PWS06-21ENG Page 64 of 68 Pages Add the following section: 206-7.2.7 Portable Temporary Traffic Signs. Each portable temporary traffic sign shall consist of a base, standard or framework and a sign panel. The units shall be capable of being delivered to the site of use and placed in immediate operation. Sign panels for portable signs shall conform to the requirements of sign panels for stationary mounted signs in the "Specifications For Reflective Sheeting Signs, October 1993, or shall be cotton drill fabric, flexible industrial nylon fabric, or other approved fabric. Fabric signs shall not be used during the hours of darkness. Size, color, and leg- end requirements for portable signs shall be as described for stationary mounted sign panels in section 206-7.2 of these Supplemental Provisions. The height to the bottom of the sign panel above the edge of traveled way shall be at least 0.3-m (12"). All parts of the sign standard or framework shall be finished with 2 applications of orange enamel which will match the color of the sign panel background. Testing of paint will not be required. Add the following section: 206-9 PORTABLE CHANGEABLE MESSAGE SIGN Add the following section: 206-9.1 General. Each portable changeable message sign (PCMS) unit shall consist of a controller unit, a power supply, and a structural support system all mounted on a trailer. The PCMS unit shall be assembled to form a complete self-contained portable changeable message sign, which can be delivered to the site of the work and placed in immediate operation. The complete PCMS unit shall be capable of operating in an ambient air temperature range of -20°C (-4°F) to +70°C (158°F) and shall not be affected by unauthorized mobile radio transmissions. The trailer shall be equipped so that it can be leveled and plumbed. Full operation height shall be with the bottom of the sign at least 2.1 m (71) above the ground and the top no more than 4.4 m (14.5') above the ground. After initial placement, PCMS shall be moved from location to location as directed by the Engineer Add the following section: 206-9.2 Message Board. The message displayed on the PCMS shall be visible from a distance of 460 m (1500') and shall be legible from a distance of 230 m (750'), at noon on a cloudless day, by persons with vision corrected to 20/20. The sign panel shall be 3-line matrix and shall display not less than 7 characters per line. Sign messages to be displayed shall be as approved by the Engineer. The sign face shall be flat black and shall be protected from glare of the sun by a method which does not interfere with the clarity of the sign message. The sign shall be raised and lowered by means of a power driven lifting mechanism. The matrix sign shall be capable of complete alphanumeric selection. Lamp matrix type signs shall be equipped with an automatic dimming operational mode that automatically compensates for the influence of a temporary light source or other abnormal lighting conditions. The sign shall have manual dimming operation modes of 3 or more different lamp intensities. Matrix signs not utilizing lamps shall be either internally or externally illuminated at night. The controller shall be an all solid-state unit containing all the necessary circuitry for the storage of at least 5 pre-programmed messages. The controller shall be installed in a location allowing the operator to perform all functions from one position. A keyboard entry system shall be provided to allow an operator to generate an infinite number of additional messages over the pre-programmed stored messages. The keyboard shall be equipped with a security lockout feature to prevent unauthorized use of the controller. The controller shall contain a nonvolatile memory to hold the keyboard created messages in memory during periods when the power is not activated. The controller shall provide for a variable message display rate which allows the operator to match the information display to the speed of the approaching traffic. The flashing off time shall be operator adjustable within the control cabinet. Revised 10/08/03 Contract No. PWS06-21ENG Page 65 of 68 Pages Add the following section: 206-9.3 Operation and Maintenance. PCMS shall be furnished, placed, operated, and maintained at locations shown on the traffic control plans, specified herein, and designated by the Traffic Engineer. The PCMS will be diligently maintained and repaired by the Contractor throughout the project in accordance with the manufacturer's recommendations. Add the following section: 206-9.4 Measurement and Payment. The contract price bid for Traffic Control shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, placing, operating, maintaining, repairing, replacing, transporting from location to location, and delivery of the Portable Changeable Message Sign and other signs as required by the approved traffic control plans and no other compensation will be made. Revised 10/08/03 Contract No. PWS06-21ENG Page 66 of 68 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1.1 General. Add the following: All concrete improvements shall be installed per the City of Carlsbad Standards and the San Diego Regional Standard Drawings. All concrete improvements shall include the removal of 6" thickness of unwanted base and placement and compaction (95%) of 6" of Class 2 aggregate base unless deemed unnecessary by the Construction Inspector. The cost of the installation of aggregate base and all associated work shall be included in the bid price for the concrete work. Traffic Plates shall be used over new concrete when requested by the Construction Inspector. At the Inspector's discretion, high early strength concrete may be substituted for traffic plates. The cost of traffic plates or high early strength concrete shall be included in the bid price for the concrete work and no extra payment will be made therefor. Sawcutting of concrete and asphalt concrete at joints and construction limits and the removal and disposal of asphalt concrete, base material, and concrete shall be included in the unit price bid for the concrete improvements. Contractor shall protect existing utility structures prior to and during construction of concrete improvements. Contractor shall protect existing improvements such as irrigation systems, mailboxes, curb drains, walkways, pavers, plants, trees, shrubs, fences etc. Contractor shall be responsible for the replacement of improvements damaged during construction. Contractor shall protect and relocate meter boxes as required by the Construction Inspector. Contractor shall install meter boxes per City of Carlsbad standards. Contractor shall adhere to all relevant stormwater regulations and implement best management practices for the project site. All material removed from the site shall be disposed of at the Contractor's expense at a site approved by the City. Where tree roots are present and damaging or uplifting the existing concrete, the Contractor shall cut and remove the roots. All pavement, root and other material removal shall conform to Section 300-1 of the SSPWC and to these special provisions. Contractor shall dispose of organic debris, including tree root cuttings. Payment for root removal shall be included in the unit price bid for the concrete improvement and no additional payment will be made therefore. Root pruning or cutting shall be supervised by the project arborist or designated City representative. No root cutting may occur unless the arborist or City representative is present. At the direction of the arborist, roots over one inch (1") in diameter may be cleanly cut at the edge of the existing curb and gutter prior to any excavation. The arborist may determine that some roots may not be cut. In the event that a root may not be cut, the Contractor will pour over the root in place. The roots shall be cut with a root-cutter equal to a depth of 12 inches below the surface of pavement. The method of root pruning shall be reviewed and approved by the City arborist. All damage to trees shall be reported promptly to the arborist for appropriate treatment. Revised 10/08/03 Contract No. PWS06-21ENG Page 67 of 68 Pages All concrete or pavement removals shall be made along a saw cut or a weakened plane joint. All sawcutting for monolithic concrete to be included in the bid price. No additional payments will be made therefore. The extent of the pavement removals will be marked in the field by the Project Inspector. All removals shall become the responsibility of the Contractor and shall be disposed of at a legal recycling site. Payment for the concrete removals, including asphalt removals necessary to form new gutters, and all material disposal shall be considered included in the unit price bid for the concrete improvement. No additional compensation will be made therefore. The removal and replacement of asphalt concrete in the roadway necessary to form gutters will be included in the unit price bid for the concrete improvement. Appropriate measures will be taken by the Contractor to ensure that work zones are as safe as possible to both vehicular and pedestrian traffic. Work will be scheduled so that the time that the work area remains open is as minimal as possible. All work areas will be poured back prior to the weekend. San Diego Regional Standard Drawing G-14 shall be modified by the substitution of the following: "5-1/2" thickness in place of the 4" thickness for residential driveway and 7-1/2" thickness in place of the 6" thickness for commercial driveway. Driveway aprons will be the same thickness as driveways." Contractor shall place six inches of Class 2 Aggregate Base under concrete improvements and compact (95%) prior to the new concrete placement. The placement of aggregate base may be waived at the discretion of the Construction Inspector. Payment for the removal and placement of aggregate base shall be considered included in the unit price bid for the concrete improvement. No additional compensation will be made therefore. All of the Contractor obligations mentioned in this section and other sections of this document shall be considered as paid for as part of the unit price bid for the concrete improvement (for example: "Remove and Replace Curb"). No additional payment will be made therefor. 303-5.5.2 Curb, add the following: The Contractor shall stamp the curb face with 75 mm (3") high block letters directly above the point that it is crossed by underground facilities with the marking specified in Table 303-5.5.2(A) TABLE 303-5.5.2(A) Curb Face Markings Type of underground facilities Water Service Lateral Sewer Service Lateral Irrigation Water Lateral or Sleeve Marking W S RW 303-5.9 Measurement and Payment, add the following: Curb or gutter shall not be considered as continuing across driveways, spandrels, and access ramps when constructed adjacent thereto. The curb or gutter adjacent to driveways, spandrels, and access ramps shall be included in the unit bid price for the driveway, spandrel, or access ramp. Neither curb nor gutter will be paid for across the length of local depressions, except that which occurs in gutter transitions at each side of an inlet. All of the Contractor obligations mentioned in this section and other sections of this document shall be considered as paid for as part of the unit price bid for the concrete improvement (for example: "Remove and Replace Curb"). No additional payment will be made therefor. Revised 10/08/03 Contract No. PWS06-21ENG Page 68 of 68 Pages APPENDIX "A " RESIDENT NOTIFICATION EXAMPLE CITY OF CARLSBAD ROAD WORK ABC CONTRACTORS OFFICE # (760)XXX-XXXX Dear resident: As a part of the City of Carlsbad's ongoing program to maintain its infra- structure, sidewalks on your street will be removed and replaced. This construction will require the closing access to your driveway for one day. Your street, from XYZSt. to XYZAve. will be affected on: MON. TUE. WED. THU. FRI. DATE: from 7:OOA.M. to 5:00 P.M. If you don't plan to leave your home by 74)0 A.M. on the above date please park your car on the street so that you will not need to cross the sidewalk. Streets scheduled for resurfacing can be determined by calling either the Contractor or the City of Carlsbad Street Maintenance Depart- ment. When waking to and from your car, remember not to walk on the newly poured sidewalk. Please do not drive, walk on, walk pets, play, or skate on the newty poured concrete. Also, please refrain from watering your lawns, washing cars, etc., approximately 6-8 hours after the con- crete Is poured as running water will cause damage to the new surface. ABC Is the Contractor that will be performing the resurfacing work for the city and you may call them at (760)XXX-XXXX if you have any questions regarding the project. Resur- facing of your street will not occur on the day your trash is collected. 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 cat! 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 Street Maintenance Department at (760) 434-2980. Thank you for your cooperation as we work to make a better City of Carlsbad. Revised 10/08/03 Contract No. PWS06-21ENG APPENDIX "B" SAN DIEGO REGIONAL STANDARD DRAWINGS Revised 10/08/03 Contract No. PWS06-21ENG 152mm (6' 13mm (1/2") Rv ' ' -e o 51mm (2") Weakened Plane Joint (2") Weakened Plane Joint 152mm (6") CURB Area=0.083m (0.89 Sq. Ft.) 203mm (8") CURB Area=0.1m (1.09 Sq. Ft.) Existing Curb 3mm (1/2") 152mm (6") Weakened Plane Joint —38mm (1-1/2") except where elevations shown indicate otherwise GUTTER NOTES 1. Concrete shall be 308kg/M2-C-17-Mpa (520-C-2500). 2. See Standard Drawing G-10 for jont details. 3. Slope top of curb 6.35mm (1/4") per foot toward street. LEGEND ON PLANS 152mm (6") curb Revision ORIGINAL Add Metric By Approved Kercheval 12/75 T. Stonton Dote 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CURBS AND GUTTER - SEPARATE RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE pson R.C.E. ,9246 Dote DRAWING NUMBER G-1 13mm (1/2") R Weakened Plane Joint 25.4mm (1") R TYPE G H W 610mm (24") 762mm (30") *AREA .124sq. m (l.34sq ft.) .150sq. m (l.61sq ft.) with 152mm (6") Curb Face NOTES 1. Concrete shall be 308kg/M3-C-17-Mpa (520-C-2500). 2. See Standard Drawing G-10 for joint details. 3. Slope top of curb 6.35mm (1/4') per foot toward street.LEGEND ON PLANS Revision ORIGINAL Add Metric By Approved Kercheval 12/75 T. Stanton Dote 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CURB AND GUTTER - COMBINED RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 3IOI\S003 Sirperson R.C.E. 19246 Dote DRAWING NUMBER G-2 1.06m (3'-6") 92mm (3 5/8") 13mm (1/2") R TYPE A CURB AREA (.21m (2.23 sq. ft.)) 610mm (2'-0")457mm (T-6") 13mm (1/2") R TYPE B CURB AREA (.230sq. m (2.48 sq. ft)) NOTES 1. Transition to type G curb at all curb returns, except where sidewalk ramps are provided, and at all cul-de-sacs with drainage structures. 2. Concrete shall be308kg/M2-C-17-Mpa (520-C-2500). 3. See Standard Drawing G-10 for joint details.LEGEND ON PLANS Revision ORIGINAL Add Metric By Approved Kercheval T. Stanton Dote 12/75, 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CURB AND GUTTER - ROLLED RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE birperson R.C.E. 19246 Date DRAWING NUMBER G-4 Vories Width os shown on plan 13mm (1/2") R r Weakened Plane Joint - 51mm (2") 13mm (1/2" R) NON-CONTIGUOUS 13mm (1/2" R) Width os shown on plan / 1 Weakened Plane Joint- 51mm (2") CONTIGUOUS NOTES 1. Concrete shall be 308 kg/M3 C 17 Mpo (520-C-2500). 2. See Standard Drawing G-9 and G-10 for joint details. LEGEND ON PLANS Revision ORIGINAL Add Metric By Approved Kercheval 12/75 T. Stonton Date 03/03 SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK - TYPICAL SECTIONS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Chairperson R.C.E. 19246 Date DRAWING NUMBER G-7 635mm (1/4") \ Expansion Joint Filler Material 1 -3.2mm (1/8") R 13mm (1/2") (Pavement) 9.5mm (3/8") (Sidewalk) •13mm (1/2") x 610mm (24") Smooth, Greased or Oiled Bar, 762mm (30") center to center. EXPANSION JOINT CONTACT JOINT 3.2mm (1/8") E E Preformed Joint filler 3.2mm (1/8") R -6.35(1/4") '* WEAKENED PLANE JOINT GUTTER AND PAVEMENT WEAKENED PLANE JOINT CURB AND SIDEWALK 38mm ( 1 1/2") /—3.2mm (1/8") _». __4imm (1 5/8") KEYED JOINT Revision ORIGINAL Add Metric By Approved Parkinson T. Stonton Date 2/95 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE JOINT DETAILS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 310112003 Chairperson R.C.E. 19246 Dote DRAWING NUMBER G-10 Existing Score Mark Area to be removed 1524mm (5'). or from joint to joint in panel whichever is less -Existing Joint Existing Score Mark ±^r- SIDEWALK PLAN Area to be removed -Existing Joint SIDEWALK SECTION Areo to be removed 762mm (30") Min. I 1524mm (5'), or from I from existing joint I ' J0inwhi^eir!s fess'0"6' ' °r ^ °f ««"> Existing Joint or Edge Curb Line Gutter Line CURB PLAN 0 Area to be removed 1524mm (5') (Min.) 1524mm (5') Min. from joint or edge of pavement Existing Joint or Edge r- -i '/ •-*- PAVEMENT SECTION 38mm (1 1/2") min NOTE When distance from, "Area to be removed", to existing joint, edge or score mark is less than minimum shown, "Area to be removed" shall be extended to joint, edge or score mark. Concrete to be removed Remaining edge to be smooth and true with no shatter. Cut SECTION Showing Cut Revision ORIGINAL Add Metric By Approved Kercheval T. Stonton Dote 12/75 03/03 STANDARD DRAWING CONCRETE CURB, GUTTER, SIDEWALK AND PAVEMENT REMOVAL AND REPLACEMENT RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE DRAWING NUMBER , v P.C._R._Radius_ IB/ 'JA /4 (TYP.)1|| ^ Contact Joints per Standard Drawing G— 10 when separate pours are made PLAN 3m (10") unless otherwise shown on plan 178mm (7").5% (1/2") R typical Top of Povi"9 ^ —Base material as shown on plans SECTION A-A NOTES 1. Concrete shall be 332 kg/M3 C 22 Mpa (560 C 3250). 2. ' = Weakened plane joints. 3. ~™ ~™ = Typical flowlines. 4. ° = Elevations to be shown on plans. 5. Return segments to be 178mm (7") Thick. 6. Curb between P.C.R.s. shall be considered as port of cross gutter. 7. In all coses subgrade shall be compacted to 95% min relative compaction to depth of 305mm (12").LEGEND ON PLANS Revision ORIGINAL Add Metric By Approved Kercheval T. Stanton Date 12/75 03/03 STANDARD DRAWING GUTTER RECOMMENDED BY THE SAN DIEGOREGIONAL STANDARDS COMMITTEE 3IO1IZO03 rperson R.C.E. 19246 Date DRAWING NUMBER G-12 -Transitional area, depress toe of gutter to match cross gutter slope. PLAN 3m (10') 7" unless otherwise shown on pla Base material as shown on plans 1/2" R Typical SECTION NOTES 1. Cross gutter to be constructed where the drainage is carried across street. 2. Minimum allowable cross slope is 0.5%. 3. Concrete shall be 332 kg/M3 C 22 Mpa (560-C-3250). 4. In all cases subgrade shail be compacted to 95% minimum relative compaction to depth of 305mm (12"). LEGEND ON PLANS Revision ORIGINAL Add Metric By Approved Kerchevol T. Stonton Date 12/75 03/03 SAN DIEGO REGIONAL STANDARD DRAWING MID-BLOCK CROSS GUTTER RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 310112003 Chairperson R.C.E. 19246 Date DRAWING NUMBER G-13 R/W I "•*•' ID oS 10. I. I Depressed Curb 2:1 Transition - Gutter 914mm (3'-0")914mm (3'-0") PLAN Driveway Curb Opening ' — ^_-»y1 Driveway Width Shown On Plans / \ \ Bottom of Curb ELEVATION -305mm (12") R (typ.) Edge of Sidewalk 140mm (5 1/2") Residential 140mm (5 1/2") Commercial Normal Rise 6.35mm 0/4.) per ft. SECTION NOTES 1. No concrete shall be placed until forms and subgrade are inspected by the Agency. 2. Concrete shall be 332 kg/M3 C 22 Mpa (520-C-2500). 3. See Standard Drawings G-15 and G-16 for width and location requirements 4. Driveway ramp to extend to 3m (10') from curb face or to property line whichever Is less. (For commercial driveways only) 5. See Standard Drawings G-2 and G-10 for curb and joint details. Revision ORIGINAL Add Metric By Approved R. Munoz T. Stonton Date 4/97 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAY (Contiguous Sidewalk) RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE airperson R.C.E. 19246 Dote DRAWING NUMBER G-14A 2:1 Transition- R/W rvlin Curb Line CD _l "m ooUD Depressed Curb—""^ E CNl •Gutter- 914mm (3'-0")914mm (3'-0") PLAN Driveway Width Shown On Plans L_Z=^ ^^V_J '/&/&/&/ s •^/ar/ava'/a'/a'/y \ \ Bottom of Curb ELEVATION 305mm (12") R (typ.) Edge of Sidewalk -Normal Rise 6.35mm 140mm (5 1/2") SECTION NOTES 1. No concrete shall be placed until forms and subgrade are inspected by the Agency. 2. Concrete shall be 308 kg/M3 C 17 Mpa (520-C-2500). 3. See Standard Drawings G-15 and G-16 for width and location requirements 4. Driveway ramp to extend to 3m (10') from curb face or to property line whichever is less. (For commercial driveways only) 5. See Standard Drawings G—2 and G—10 for curb and joint details. Revision ORIGINAL Add Metric By Approved R. Munoz T. Stanton Dote 4/97 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAY (Non-contiguous Sidewalk) RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Sirperson R.C.E. 19246 Date . DRAWING NUMBER G-14B r—A Transition area 305mm (12") wide border with 6.35mm (1/4") grooves PLAN (TYPE B-1) Z or Z1 l.iilll \t / •V ':.•;, D..'. •*'• •••v-v'':'- .-"::""..- v, Z or Z1 i, .'.••:>?: •:•;••".'•.:"-•,, .V"1.-1"-.'1 1 11 y— Top />-( Face of curb Lip (toe) of Gutter Top of curb Gutter flow line 5% max. gutter apron slope at romp opening TABLE A X CURB HEIGHT 1"* 2" 3" 4" 5" 6" 7" 8" Y RAMP LENGTH (12:1) 152mm (0'-6") 457mm 0'-6") 762mm (2'-6") 1.1m (3'-6") 1.34m (4'-6") 1.68m (5'-6") 1.98m (6'-6") 2.29m (7'-6") Z SIDE SLOPE (10:1) 457mm (T-6") 457mm 0'-6") 635mm (2'-1") 889mm (2'- 11") 1.14m (3'-9") 1.4m (4'-7") 1.65m (5'-5") 1.91m (6'-3") Z1 SIDE SLOPE (12:1) 457mm (1'-6") 457mm_(1'-6") 762mm (2'-6") 1.1m (3'-6") 1.37m (4'-6") 1.68m (5'-6") 1.98m (6'-6") 2.29m (7'-6") See Detail B "Std. Dwg. G-32 NOTES 1. If inadequate R/W exists to provide o 4' landing, a landing width less than 1.22m (4') but ot least 3' is acceptable if the side slopes ore revised to 12:1 per side slope Z1 in table A. See Standard Drawing G-32 for general notes. 3. Type A-1 is o designation for ramp at curb return. 4. Type B-1 is a designation for ramp at straight curb. (Shown above) *5. Delete 305mm (12") wide border when X=1" Revision ORIGINAL Add Metric By Approved G.Parkinson T. Stanton Dote 2/95 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CURB RAMP - TYPES A-1 and B-' (For -Existing Sidewalk) RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Dote DRAWING NUMBER G-28 APPENDIX "C" CONCRETE REPLACEMENT SPREADSHEET Revised 10/08/03 Contract No. PWS06-21ENG W UJ,--~ s Soo ot S5 z n: o201Q. _5! 31 <9 I * I_l LU to S-1 * S 2 9*UJ (0 t Q£- ^ Ui HQ£ ZO 13 o y io £ < guj ^•"" g o0 in CM in X CM CO © CO'o8 OCM O X in in CO © CO'o8 in in X in o © CO'o S o T- CM X in mCO © CO! o 0 T— X tf\in inCO © CO'o3 ? 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