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HomeMy WebLinkAboutSFM Constructors Inc; 2003-11-18; PWS04-02DOC # 2004-0300287 RECORDED REQUESTED BY @o CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: ' City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 APR 089 2004 4247 PM OFFICIAL RECORDS SAN DIEGO COUNTY KECIJRDEN'S OFFICE GREW J. S#ITH, CoUNiy RECORDER FEES: 0.00 Space above this line for Recorder's use. PARCEL NO: ltis08015 & 15608019 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 Cdy 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 completed on September 16,2004. The name of the contractor for such work or improvement is SFM Constructors Inc. 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: Hosp Grove Irrigation Main, Agreement Number PKS 03-06, Drawing Number 41 1-5L. The street address of said property is APN 15608015 8 APN 1560819 (No Street Address). DepGtfPublic Works Director 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 An&\ I- Cia ,20 64 , accepted the above described work as completed and ordered that a' Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct Executed on ppri L 7&, 20&, at Carlsbad, California. City clerk U ClTY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for the Hosp Grove Irrigation Main PKS 03-06 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS Installation of Irrigation Main. VALUE $72,317.91 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS CITY MANAGER’S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorii to record the Notice of Completion and release the bonds in accordance with State Law and Ctty Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described APR 0 5 2004 Date APPROVED AS TO FORM: n Ronald R. Ball, City Attorney i r r CITY QF CARLSBAD Sa.n Diego County California CONTRL\CT DOCUMENTS AND SUPPLEMENTAL PROVISIONS c CONTRACT NQ. FKS 03-06 PWS04-02PKS e= tS Revised 07/29/02 Contract No. PKS E-06 Page 1 of 73 Pages TABLE OF CONTENTS - Item PaQe Notice Inviting Bids ........................................................................................................................ 5 Contractor’s Proposal .................................................................................................................... 9 Bid Security Fo m... ....................................................................................................................... 13 Bidder’s Bond To Accompany Proposal ....................................................................................... 14 Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor‘s Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner OperatorlLessor Work“ Forms ......................................................................................................................... 16 Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................ 18 Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............ 19 20 - Bidder‘s Statement Of Financial Responsibility ............................................................................ 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 ......................................................................... Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. Contract Public Works .................................................................................................................. Labor And Materials Bond ............................................................................................................ Faithful Performance/Warranty Bond ........................................................................................... Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ...................................... SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section I 1-1 Terms .................................................................................................................... 1 -2 Definitions ............................................................................................................. 1-3 Abbreviations ........................................................................................................ Terms, Definitions Abbreviations And Symbols - I Section 2 Scope And Control Of The Work 24 26 27 33 35 37 40 40 41 - Revised 07/29/02 Contract No. PKS 03-06 Page 2 of 73 Pages 2-3 . Subcontracts ......................................................................................................... 2-4 Contract Bonds .......................................................................................... ........... 2-5 Plans And Specifications ..... . . . .. . . . . ... . . . .. . . . . . . . , ... . . . .. . . . . . . . . . . .. . . . . .. .. . . . .. . . . ... . . .. .. . ... . . . . .. . 2-9 Surveying . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 0 Authority Of Board And Engineer ......................................................................... 42 42 43 44 45 Section 3 Changes In Work 3-2 Changes Initiated by the Agency .......................................................................... 3-3 Extra Work .......... ........ ... ..... .......... ....... ............ ..... ....................... ........... .............. 3-4 Changed Conditions ............................................................................................. 3-5 Disputed Work ...................................................................................................... 46 46 46 47 Section 4 Control Of Materials 4-1 Materials And Workmanship ................................................................................. 4-2 Materials Transportation, Handling and Storage .... .... ...... .. .... .. .......... .. ..... ..... .. .... 50 50 Section 5 Utilities 5- 1 5-4 5-6 Location.. . . . . . ... . . ... . . . . . . . . ... . . . . . . ... . . , . . .. . . . . .. . .. ... . . . ... . . . .. . . . .. . . , . .. . . . . . . . . . . ... . . . . . . . . . .... . ... . . . . .. . Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cooperation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 51 51 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work ........................................ 6-2 Prosecution Of Work.. . .... ........ ......... ....... ........... .......... .. .... ... ... .. .... ....................... 6-6 Delays And Extensions Of Time ........................................................................... 6-7 Time of Completion ............................................................................................... 6-8 Completion And Acceptance ............. ..... ........... . .... ..... .. ........... ........ .... . ............... 6-9 Liquidated Damages ....... .... .... ................ ........... . .. ....... , . .... ... .... . ....... ..... ............. .. 51 56 56 56 57 57 c Section 7 7-3 7-4 7-5 7-7 7-8 7-1 0 7-1 3 Responsibilities Of The Contractor Liability Insurance ................................................................................................. Workers’ Compensation Insurance ........ .. ................ .......... .................................. Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cooperation and Collateral Work ......................................................................... Project Site Maintenance ...................................................................................... Public Convenience And Safety ....... ........ ... ............. ..... ..... ....... ......................... .. Laws To Be Observed .......................................................................................... 57 57 58 58 58 59 61 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities ........... .... . .... ...... ....... ................ .... .................. ............. .. ..... .. 8-6 Basis Of Payment ................................................................................................. 61 61 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work ................................................. 9-3 Payment .................................. ............... ............................................................... 61 61 Part 2 Construction Materials Section 207 Pipe 207-25 Underground Utility Marking Tape ........................................................................ 64 a \# Revised 07/29/02 Contract No. PKS 03-06 Page 3 of 73 Pages L - Section 21 2 Landscape And Irrigation Materials 212-1 Landscape Materials ............................................................................................. 65 212-3 Electrical Materials ................................................................................................ 67 Section 21 3 Engineering Fabrics 213-3 Erosion Control Specialties ................................................................................... 68 PART 3 Construction Methods Section 306 Underground Conduit Construction 306-1 Open Trench Operations ...................................................................................... 69 -- I- - Section 308 Landscape And Irrigation Installation 308-5 Irrigation System Installation ................................................................................. 69 308-7 Guarantee ............................................................................................................. 71 308-8 Measurement And Payment. ................................................................................. 73 e Revised 07/29/02 Contract No. PKS 03-06 Page 4 of 73 Pages _- CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 4:OO PM on August 21, 2003, 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: Installation of an irrigation system in Hosp Grove, Project PKS 03-06. CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department. The specifications for the work include the Standard Specifications for Public Works Construction, 2003 Edition, and the most recent supplements thereto all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. ,c The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are: @ Revised 07/29/02 Contract No. PKS 03-06 Page 5 of 73 Pages 1. Contractor’s Proposal 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner OperatodLessors & Amount of Owner OperatodLessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder‘s Statement of Technical Ability and Experience f- 2. Bidder’s Bond 8. 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.Bidder’ s Statement Re Debarment 11 .Bidder’s Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer‘s Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is Seventv-seven Thousand Dollars ($77,000.00). Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid (does not) involve federal funds. “A--General Engineering; “C-27”-Landscapi ng . The following classifications are acceptable for this contract: 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. F Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier’s Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $30.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the - Revised 07/29/02 Contract No. PKS 03-06 Page 6 of 73 Pages Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 41 07 and 41 07.5. - The provisions of Part 7, Chapter I, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A MANDATORY pre-bid meeting and tour of the project site will be held at the intersection of Monroe Street and Marron Drive on August 5,2003 at 8:OO a.m. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. - The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. F a Revised 07/29/02 Contract No. PKS 03-06 Page 7 of 73 Pages .- Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. I-- Revised 07/29/02 Contract No. PKS 03-06 Page 8 of 73 Pages CITY OF CARLSBAD I- - L CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PKS 03-06 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE “A” IRRIGATION MAIN Item - No. A- 1 Description Irrigation Complete In Place at Dollars (Lump Sum)’ Approxi mate Quantity Unit and Unit Price - Total & 7/ dfd - Total amount of bid in numbers for Schedule “A: $ Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ,/ 9 ff/ Zk$b‘Ee hadhave been received and idare included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the Revised 07/29/02 Contract No. PKS 03-06 Page 9 of 73 Pages second or third lowest bidder and the bid security of the lowest bidder may be forfeited. - _- The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State lidly licensed under license number 72 0 307 , classification which expires on , and that this statement is true and correct hnd has the legal effect of an affidavit. 3- 03- 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 § 7028.1 5(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 5 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 28 -d’A@ (Cash, Certified Check, Bond or Cashier‘s Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is com ple te . The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State - (4) Zip Code Telephone No. - IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted I - a Revised 07/29/02 Contract No. PKS 03-06 Page 10 of 73 Pages License Detail California Home Page 1 of 2 Monday, August 25,2003 License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License ## 720307 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&P 7124,6). If this entity is subject to public complaint disclosure, an icon will appear below. Click on the icon to obtain additional complaint information. Per B&P 7071.1 7, only construction related civil judgments known 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: 08/25/2003 * * * Business Information * * * SFM CONSTRUCTORS INC 30305 VIA NORTE TEMECULA, CA 92591 Business Phone Number: (909) 693-0265 Entity: Corporation Issue Date: 03/21/1996 Expire Date: 03/31/2004 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * llclassll Desc r i Dt io n I1 I I A I IG EN E RAL EN G IN E E R I NG CONTRACT0 RI I 1- 11 1 FIIGENERAL BUILDING CONTRACTOR * * * Certifications * * * IIcertll DescriDtion I1 ~[HAZ~~HAZARDOUS SUBSTANCES REMOVAL]^ 8/25/2003 License Detail hd Page 2 of 2 ASBESTOS (for bidding purposes only) HOME IMPROVEMENT CERTIFICATION * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 1019763 in the amount of $7,500 with the bonding company _.._____-- SURETY COMPANY OF THE PACIFIC. Effective Date: 01/31/1996 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) LESLIE PATRICK BURlT certified that he/she owns 10 percent or more of the voting stocWequity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/21/1996 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 046-0006098 Effective Date: 03/01/1996 Expire Date: 01/01/2004 .- Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number-Request Contractor Name Request Personnel Name-Request Salesperson Request Salesperson Name Request 0 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy 8/25/2003 Personnel List Page 1 of 1 California Home Mondav, Auaust 25,2003 Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD Contractor License # 720307 Click on the person's name to see a more detailed page of information on that person. Association Disassociation Class More Name Title Date Date Class RMO/P 03/2 1 /1996 A More LESLIE PATRICK BURT CINDY ELLEN BURT TREASURER 12/23/1999 02/04/2002 License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request 0 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy 8/25/2003 c - -. .- (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) City and State (4) Zip Code Telephone No. IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted zFM &a 4'Dc-C /M. Y (Signature) Impress Corporate Seal here (3) Incorporated under the laws of the State of A &a,4 (4) Place of Business &'$) (Street and Number) City and State UL?, /d 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: A* ?Y-G%A i3Jk7-r C/hO)y L2.e s&P&Tzy , a-,d&ar &/7-p/! 4?&5- %# Revised 07/29/02 Contract No. PKS 03-06 Page 11 of 73 Pages c L c Revised 07/29/02 Contract No. PKS 03-06 Page 12 of 73 Pages a BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN (NOTE: The following form shall be used if check accompanies bid.) c .. - c Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ )1 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. 1- - c- BIDDER (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.) C. 43 Revised 07/29/02 Contract No. PKS 03-06 Page 13 of 73 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. PKS 0346 HOSP GROVE IRRIGATION MAIN KNOW ALL PERSONS BY THESE PRESENTS: Thatwe, m w, INC, , as Principal, andllMERfCAN CXWIRA~ a- 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) J~xQEED EZIQIT T"aJSJWlbk which payment, well and truly made, we bind ourselves, our heirs, executors and admini&d?&",OO-- successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOlNG OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: CONTRACT NO. PKS 0346 I HOSP GROVE IRRIGATION MAIN. in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of 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 Ci. ... ... ... ... c ... ... ... fn the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 2OTH day of AuaJsT 120 03 PRINCIPAL: SFMmSTRm, INC. (print name here) SURElY: (name of Surety) 242 E. AIRpofzT IXl.? #lo4 (address of Surety) SAN REXNARDINO. CIA 92408- - 909-890-1 500 (telephone number of Surety) BY JamaIlnhch (signature of Attorney-in-Fact) (printed name of Attomey-in-Fact) TAMRAANDiREDE (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporatiOns. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL CityAttomey . CA!JFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of RIVERSIDE On y-JD -03 before me, STEFANIE REYES, NOTARY PUBLIC 9 DATE NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC personally appeared &dA oh 7 &personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their NAME(S) OF SIGNER(S) 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 ogcial seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CL AI M ED BY S I G N E R u INDIVIDUAL u CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE( S) 0 PARTNER(S) 0 LIMITED 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: 0 GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 A American Contractors Indemnity Company I 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 06-3136 POWER OF ATTORNEY ,T’‘ KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Tamra Andrede of Anaheim, CA Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ ***500,000.00 Dollars*** . This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. “RESOLVED that the Chief Executive OJJicel; President or any Mce President, Executive Mce President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorney(s)-in-Fact and to authorize them to execute on behalfof the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, To remove, at any time, any such Attorney-in-fact and revoke the authority given. 2. RESOLVED FURTHER, that the signatures of such oJJicers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certijied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.” ,--WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its I -,sident on the 1st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY By: /v Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA 8 COUNTY OF LOS ANGELES 0 On this 1 st day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal NORMA J. VlRGlLKl I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 20%ay of AuGU3’ ,200:. f- 11 6324-4 LJnd NO. - JAMES H. FERGUSON(ICorporate Secretary #7001/ Seal #241-1 Agency No. rev. POA04/20/01 State of California County of Sun Diego On .AU 6. 2-d I L ~3 before me, Doug S. Shattuck, personally Personally known to me orproved to me on the basis of satisfactory evidence to be the personN whose name(@ is- subscribed to the within instrument and acknowledged to me that he/mexecuted the same in his/kfWtdr authorized capacity('m), and that by his/mir signature(eon the instrument the person(*, or the entity upon behalf of which the person@ acted, executed the instrument. Witness my hand and o Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee Guardian or Conservator G Other: I i Signer Is Representing: I I I' Signer's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee E Guardian or Conservator 0 Other: I I Signer Is Representing: 1 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - I .- State of California County of } SS. Name and Title of Officer (e.g.. "Jane Doe, Notary Public") On gb lp 3 , before me, Date personally appeared C/d+ 4ddk- 9 Name(s) of Signer(s) E4pemmally known to me Bproved to me on the basis of satisfactory evidence Place Notary Seal Above to be the person(s)-whose name(+ is/- subscribed to the within instrument and acknowledged to me that Mheltkey executed the same in WhedttwZr authorized capacitw, and that by -hidher/#&r signature} on the instrument the personfs); or the entity upon behalf of which the persow acted, executed the instrument. WITNESS my hand and official seal. J+% Sgnature of W&/Ls, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to ersons relying on the document and could prevent fraudulent removal and reattachment of this forqto another document. a, d /3aA J Description of Attached Document Title or Type of Document: Document Date: flPlD? Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary AsSociatiOn * 9350 De Soto Ave.. P.O. Box 2402 * Chatsworth. CA 91 313-2402 * w.nationalmtary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Company Profile Page 1 of 2 I Company Profile AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BLVD SUITE 1414 LOS ANGELES, CA 90045 800-486-6695 Agent for Service of Process FRANK M. LANAK, 9841 AIRPORT BLVD. 9TH FLOOR LOS ANGELES, CA 90045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 10216 NAIC Group #: 0000 California Company ID #: 3634-3 Date authorized in California: Company Type: Property & Casualty State of Domicile: CALIFORNIA May 23, 1994 License Status: UNLIMITED-NORMAL Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the gm. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb~co~prof_utl.get_co~prof?p_EID=70 ... 8/25/2003 Company Profile Page 2 of 2 Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - July 10,2003 05:26 PM Copyright 0 California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~EID=7O ... 8/25/2003 Company Protile Page 1 of 2 4B --a Company Profile Insmce AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BLVD SUITE 1414 LOS ANGELES, CA 90045 800-486-6695 Agent for Service of Process FRANK M. LANAK, 9841 AIRPORT BLVD. 9TH FLOOR LOS ANGELES, CA 90045 Unable to Locate the Agent for Service of Process? r') Reference Infoimation NAIC #: 10216 NAIC Group #: 0000 California Company ID #: 3634-3 Date authorized in California: May 23,1994 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the g;lossary. SURETY c Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data http://cdinswww.insue.ca.gov/pls/wu~co~prof/idb~co~prof~utl.get~co~prof?p~E~=7O ... 8/25/2003 company Yrorile Page 2 of 2 ComDosite Complaint Studies Want More? Help Me Find a Company Representative in MY Area Financial Rating Organizations Last Revised - July 10,2003 0526 PM Copyright Q California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co~prof/idb~co~prof_utl.get~co_prof?p~EID=70 ... 8/25/2003 ~. ,- GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS" AND "DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor disclosure forms Bidders are urged to review the definitions in section 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 These forms 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 owner operator/lessors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal'' are not included in computing the percentage of work proposed to be performed by the Bidder. - . .. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor licensed as a contractor by the State of California who 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 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. - Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of manpower and equipment that it proposes to use to complete the Work. Additional copies of the forms must be attached if required to accommodate the Contractor's decision to use more than one Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out. These forms 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. Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner Operators/Lessors. When the Bidder proposes that any bid item will installed by a Subcontractor or Owner Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including Subcontractor's Overhead & Profit'' or I' Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor's Overhead & Profit unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed. a Revised 07/29/02 Contract No. PKS 03-06 Page 16 of 73 Pages - - 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, the Subcontractor, or the Owner Operator/Lessor, as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor or Owner OperatorlLessor 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 or Owner Operator/Lessor installing said item. The item number from the "CONTRACTORS PROPOSAL" (Bid Sheets) shall be entered in the "Bid Item No." column. When a Subcontractor or Owner OperatorlLessor has a Carlsbad business license the number must be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in the appropriate space. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. - When the Bidder proposes using a subcontractor or owner operatorlLessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of subcontractor or designation of Owner OperatorlLessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the contract shall determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. I 7 -- a Revised 07/29/02 Contract No. PKS 03-06 Page 17 of 73 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR’S BID ITEMS CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 41 00 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid 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. Full Company Name of Subcontractor: Subcontractor’s Location of Business Street Address City State Zip *Subcontractor’s Telephone Number including Area Code: ( ) - *Subcontractor’s California State Contractors License No. and Classification: *Subcontractor’s Carlsbad Business License No.: I I - SUBCONTRACTOR’S BID ITEMS* ExDlanation: Column 1 - Bid Item No. from the bid DroDosal. Daaes 09 throuah 12. inclusive. Column 2 - The dollar amount of the iiem to be ‘peaormed by t6e Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor‘s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 09 through 12, inclusive. Page / of / pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the “Notice Inviting Bids.” Contract No. PKS 03-06 Page 18 of 73 Pages 3 b Revised 07/29/02 _- e e DESIGNATION OF OWNER OPERATOWLESSOR AND AMOUNT OF OWNER OPERATOWLESSOR WORK HOSP GROVE IRRIGATION MAIN CONTRACT NO. PKS 03-06 The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency. Full Owner Operator/Lessor Name: Owner Operator/Lessor Location of Business Street Address City State Zip *Owner Operator/Lessor Telephone Number including Area Code: ( 1 - *Owner Operator-Lessor City of Carlsbad Business License No.: OWNER OPERATOWLESSOR WORK ITEMS Explanation: Column 1 - Bid Item No. from the bid proposal, pages 09 through 12, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner Operator/Lessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages 09 through 12, inclusive. Page 1 of 1 pages of this Owner Operator/Lessor form *' Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice Inviting Bids." ** tw Revised 07/29/02 Contract No. PKS 03-06 Page 19 of 73 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 07/29/02 Contract No. PKS 03-06 Page 20 of 73 Pages q SFM CONSTRUCTORS, INC. STATEMENT OF ASSETS, LIABILITIES, AND EQUITY (INCOME TAX BASIS) '. *- i . NOVEMBER 30,2002 I ,' h \\ I \ ASSETS CURRENT ASSETS PETTY CASH . GENERAL ACCT-UNION tc.' ACCOUNTS RECEIVABLE TOTAL CURRENT ASSETS 500.00 28,927.83 29.660.45 59,088.25 PROPERTY AND EQUIPMENT AUTOMOTIVE EQUIPMENT 57,298.04 FURNITURE/EQUIPMENT 32.066.07 SUBTOTAL 89,364.1 1 LESS ACCUMULATED DEPRECIATION a TOTAL PROPERTY AND EQUIPMENT 31.675.59 OTHER ASSETS TOTAL OTHER ASSETS TOTAL ASSETS 0.00 90.763.87 \ , : . SEE ACCOUNTANTS COMPILATION REPORT 1 SFM CONSTRUCTORS, INC. STATEMENT OF ASSETS, LIABILITIES, AND EQUITY (INCOME TAX BASIS) .- 1' NOVEMBER 30,2002 h \\ $ I . LIABILITIES CURRENT LIABILITIES 5,265.00 7' CREDITCARD PAYABLE-MARRIOTT VISA 4,799.12 CURRENT PORTION-LT DEBT 9: TOTAL CURRENT LIABILITIES 10,064.12 LONG-TERM LIABILITIES DUE TO OFFICER LOAN PAYABLE-Dl FORD LOAN PAYABLE-CHRYSLER LOAN PAYABLE-CREDIT CARDS LESS CURRENT PORTION 77,215.41 11,472.37 7,843.22 11,797.41 (5,265.00) TOTAL LONG-TERM LIABILITIES 103.063.41 TOTAL LIABILITIES 113,127.53 STOCKHOLDERS' EQUITY COMMON STOCK RETAINED EARNINGS 2,500.00 (24,863.66) TOTAL STOCKHOLDERSm EQUITY (22,363.66) TOTAL LIABILITIES AND STOCKHOLDERS EQUITY SEE ACCOUNTANTS COMPILATION REPORT 2 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE: (To Accompany Proposal) HOSP GROVE IRRIGATION MAIN CONTRACT NO. PKS 03-06 The Bidder is required to state what work of a similar character to that included in the proposed Contract helshe has successfully performed and give references, with telephone numbers, which will enable the City to judge hidher responsibility, experience and skill. An attachment can be used. Name and Phone Name and Address No. of Person Type of a Revised 07/29/02 Contract No. PKS 03-06 Page 21 of 73 Pages Amount of Contract 86 /L Y@K% BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION c (To Accompany Proposal) HOSP GROVE IRRIGATION MAIN _- CONTRACT NO. PKS 03-06 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: 0 Comprehensive General Liability 0 Automobile Liability 0 Workers Compensation 0 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 07/29/02 Contract No. PKS 03-06 Page 22 of 73 Pages Date: 9l17R003 0352 PM Page: 1 of 1 From: Suzanne At: Strachota FaxlD: insurance To: Kevin Davis PRODUCER 1. Brooks/Strachota Ins Agy 500 Ridge Park Drive #203 Temecula CA 92590 Phone:909-676-2229 Fax:909-676-7391 INSURED SFM Constructors, Inc. Temecula CA 92509 P.O. BOX 890485 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. INSURERS AFFORDING COVERAGE NAlC # iNsimR P Scottsdale Insurance Co . INSURER B Mercury casualty Company 11908 INSURER c Qreat American Insurance Co. ._ INSURER D INSURER E I B .- SR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDPN) GENERAL LlABlLlTY GENERAL LIABILITY CLS0913904 C-AIMS MADE OCCUR EXCESSNMBRELLA LIABILITY 1 OCCLfR 3 CLAIMS WE 04/11/03 VK SIAIU- TCRY LIMITS E L EACH ACCIDENT 0 rH- I IER H I I $ . ..______ 0 kN'L AGGREGPTE LIMITAPFLIES PER 1 ANY PRC?PRIETOR/FARTNEWEXECUTlVE OFFlCERiMEMBER EYCLUCED? If yei descnbe under SPECIAL PROVISIONS Mow OTHER C Equipment Floater 1,000. deductible 4NY AUTO ALL CiWhED AUTOS IMP13588 13 -0 0 05/23/03 AC11059226 i E L DISEASE - FOLICY -IMI- , I 1 koll Ded 1000. I I $ 05/16/03 CIT- _I ' GARAGE LlABlLrrY - I 1 ANYAUTO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ME EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITEN __ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL BOD LY INJURY !Per accident) PROPERTY DAMAGE (Per accident1 1 AUTO ONLY - E4 ACCIDENT 1 P I OTHER THNJ AUTO ONLY E'4 P'CC I ' AGG IS EACHCCCLRRENCE AGGREGA-E 1 E L DISEASE - EA EMPL3'1'EE 1 $ I I Bailees 5,000. Intransit 3.000. City of Carlsbad 405 Oak Avenue Carlsbad CA 92008 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. I I 1 ACORD 25 (2001108) 0 ACORD CORPORATION 1988 Aug 28 2003 4:OEPM HP LASERJET 3330 _- .I OF WBAD SURPLUS UNE BROKER AFPDAWT Broker Name: AddrrSs: City/State/Zip: Date: Project Name: Type of lnsutvrce: Date; flug 28 2003 4:02PM HP LASERJET 3330 P.3 Address: ConwEtor is rm ~e city aceept S.ods o&k~r.~xompaTly wh~ is a amplus Une carria having an A-:V or better rating m the most pmnt isrue of 8ds Rating Golds and who hes an o&e witbin the State of califarnia at he following address in order to &ct service of proceu. Address to effect Service of Process wiw tht Stiue of Calif0mi;a. Name: Ail&, : I certify under penalty of perjmy that the foregoing facts aze true and cbmct. Dated: 9- y-. (3-3 Broker of Record PRODUCER W.D. Brooks/Strachota Ins Agy '-700 Ridge Park Drive #203 =Aione:909-676-2229 Fax:909-676-7391 scula CA 92590 INSURED SE'M Constructors, Inc. P.O. Box 890485 Temecula CA 92589 CLAIMS MADE OCCUR THIS CERTIFICATE IS ISSUED AS A MAlTER 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. INSURERS AFFORDING COVERAGE NAlC # INSURER A Mercury Casualty Company 11908 INSURER B INSURER C INSURER D INSURER E lti A - GENL AGGREGATE LIMIT APPLIES PER 1 n JPER. n LOC AUTOMOBILE LIABILITY - x x ANYAUTO - ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS - - - - GARAGE LIABILITY ANY AUTO PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT s $ ANY PROPRIETOWPARTNEWEXECUTIM II OFFICEWMEMBER EXCLUDED? EXCESS/UMBRELLA LIABILITY 2 OCCUR CLAIMSMADE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHl WC STATU- 01H- TORY LIMITS ER E.L. EACH ACCIDENT 1 E.L. DISEASE - EA EMPLOYEE POLICY NUMBER $ s $ AC 1 1 0 5 92 2 6 CIT~ 05/14/03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3x DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. I .ES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PRC WT ION DATE (MMlDDNY) LIMITS I EACH OCCURRENCE I S MED EXP (Any one person) PERSONAL 8 ADV INJURY GENERAL AGGREGATE BODILY INJURY (Per person) BODILY INJURY (Per accident) OTHER THAN EA 1 AUTO ONLY: AGG 1 S EACHOCCURRENCE I IS I E.L. DISEASE -POLICY LIMIT I S $ SIONS City of Carlsbad is named as additional insured general liability. 'This coverage is for the benefit of the certificate holder only. 30 days written notice of cancellation requested *except for nonpay then 10 days. CERTIFICATE HOLDER CANCELLATION l- City of Carlsbad 405 Oak Avenue Carlsbad CA 92008 I I I ACORD 25 (2001108) 0 ACORD CORPORATION 1988 Scott sdale, Insurance Company SFM CONSTRUCTORS, INC. - Endorsement No. 5 WLCAN EXCESS AND SURPLUS INSURANCE SERVICE, INC. 0402 8 10/9/03 POLICY NUMBER: CLSO913904 COMMERCIAL GENERAL LIABILITY EFFECTIVE: 09/17/03 TO 0411 1/04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH OPTIONAL COVERAGE PROVISIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF CARLSBAD ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS 405 OAK AVENUE CARLSBAD, CA 92008 _- Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only to the extent the additional insured is held liable for the Named Insured’s negligent acts or omissions arising from occurrences directly caused by, and while in the course of the Named Insured’s ongoing operations performed for that additional insured. Optional Coverage Provisions applicable to the above. The selected option(s) is designated by a mark in the box to the left of the option. Option A. The insurance provided by this endorsement shall be primary, but only in the event of the Named Insured’s sole negligence. X- Option B. The insured provided by this endorsement shall be primary and non contributory, but only in the event of the Named Insured’s sole negligence. Option C. The insurance provided by this endorsement is amended to include any person or organization that the Named Insured has agreed and/or is required by contract to name as an additional insured, per schedule on file with company. Additional Premium State Tax 3% Stamping Fee .125% Processing Fee $500.00 $ 15.00 $ .63 $ 5.00 *- Total $520.63 FULLY EARNED t m\9103 Authorized Representdve Date GLS-2 1 OS (4-99) 11/85/2883 18: 14 N0.558 D802 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 I COM PE N SAT I 0 N INSURANCE FUN b CERTIFICATE OF WORKERS’ COMPENSATlON INSURANCE ISSUE DATE: 10-21-2003 CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD CA 92008-7314 000046 GROUP: POL1 CY NUMB E R: 6oga-zoo3 CERTIFICATE ID: 29 CERTIFICATE EXPIRES: 01 - 0 1 - 2004 01-01-2003/01-01-2004 JOB: PKS03-06 HOSP GROVE IRRIGATION MAIN This is to certify that we have issued a valid Worker’s Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other dowment with respect to which this certificate of insurance may be issued or may pertain. the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUMORJZED REPRESENTATIVE EMPLOYER’S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS‘ NOTICE EFFECTIVE 01-01-1998 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER -- SFM CONSTRUCTORS INC. PO BOX 890485 TEMECULA CA 92589 SClF 7OZIE aceep *is rsmrsOle my if you %e D Ielnl wplermefk VIm mCa ‘OFFICIAL STATE FUND DOCUMENT W?& PAGE 1 OF1 ir.waoa BIDDER’S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 2 Yes no 2) If yes, what wadwere the name(s) of the agency(ies) and what wadwere the period@) of debarment(s)? Attach additional copies of this page to accommodate more than two debar- ments. - party debarred party debarred - agency agency period of debarment period of debarment BY CONTRACTOR: (name of Contractor) ’ (print name/title) ’ Page 1 of pages of this Re Debarment form Revised 07/29/02 Contract No. PKS 03-06 Page 23 of 73 Pages BIDDER’S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN 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. 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? Has the suspension or revocation of your contractors license ever been stayed? 44 x no Yes 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? Has the suspension or revocation of the license of any subcontractor’s that you propose to perform any portion of theJork ever been stayed? d#f If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page I of / pages of this Disclosure of Discipline form e= Revised 07/29/02 Contract No. PKS 03-06 Page 24 of 73 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. PKS 03-06 HOSP GROVE IRRIGATION MAIN 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. *- I _- (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: , (name of Contractor) By: - (sign here) Page 1 of 1 pages of this Disclosure of Discipline form a Revised 07/29/02 Contract No. PKS 03-06 Page 25 of 73 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 HOSP GROVE IRRIGATION MAIN CONTRACT NO. PKS 03-06 State of California ) County of ) ) ss. and says that he or she is /?2&,L)@'T (Title) of JfM oK&72L4-%2.5, /a[- (Wame 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 foregoing is true and correct and that this affidavit was executed on the @ W day of &Jw47- ,2003. Signature of Bidder Subscribed and sworn to before me on the bd day of 4L.GOJ 820 02 * (NOTARY SEAL) DOUG S. SHATTUCK NOTARY PUBLIC-CALIFORNIA e3 tw Revised 07/29/02 Contract No. PKS 03-06 Page 26 of 73 Pages CONTRACT PUBLIC WORKS This agreement is made this / 8 & day of q#Wet.hv , 20 03, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and -YFM eomsfluc C~S, /AJT whose principal place of business is City and Contractor agree as follows: 1. for: CONTRACT NO. PKS 03-06 / HOSP GROVE IRRIGATION MAIN I April 17,2003. Description of Work. Contractor shall perform all work specified in the Contract documents (hereinafter ca I led "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. I - Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for Public Works Construction (SSPWC) 2003. Edition, and the most recent supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. 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 - - Independent Investigation. - Revised 07/29/02 Contract No. PKS 03-06 Page 27 of 73 Pages -- 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 251 I7 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. _- City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. 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. .- I - 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. 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 a Revised 07/29/02 Contract No. PKS 03-06 Page 28 of 73 Pages 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. IO. Insurance. Contractor shall'procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is .for "any auto" and cannot be limited in any manner. - c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. 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. a Revised 07/29/02 Contract No. PKS 03-06 Page 29 of 73 Pages -- c. to the City, its officials, employees or volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided 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) in the Contractor's bid. Cost Of Insurance. The Cost of all insurance required under this agreement shall be included 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 201 04.2(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. 4= %# Revised 07/29/02 Contract No. PKS 03-06 Page 30 of 73 Pages (6) 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 tmth 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. (0) 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. B I have read and understand ail provisions of Section 11 above. init . fh init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 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. 9 \? : NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES 'MUST BE e Revised 07/29/02 Contract No. PKS 03-06 Page 31 of 73 Pages i Y d L L I c d c d - -- ATTACHED e - 1;' ', (CORPORATE SEAL) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of . By: ATTEST: -.a I . rnCL&d!.ff P /?&&7&7 i (print name add title) A I President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney 0 a Revised 07/29/02 Contract No. PKS 03-06 Page 32 of 73 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - } ss. State of California County of f personally appeared I 0 ersonally known to me roved to me on the basis of satisfactory 6 evidence 8 to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that+teAshe/they executed the same in h.kher/their authorized capacity(ies), and that by hidbedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above OPTIONAL Y Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent remova/ and reattachment of this form to another document. Description of Attached Docum Title or Type of Document: Document Date: /6-4 -03 Number of Pages: b Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave , PO Eox 2402 Chatsworth. CA 91313-2402 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 LABOR WHEREAS, on September 5, 2003 %3??3 NO. 173536 - administratively awarded to SFM - AND MATERIALS BOND the City of Carlsbad, State of California has (hereinafter designated as the “Principal”), a Contract for: CONTRACT NO. PKS 03-06 I HOSP GROVE IRRIGATION MAIN 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 CarIsbad 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. i‘ 1 NOW, THEREFORE, WE, SFM CO NSTRUCTO S, INC. 9 as are Principal, held firmly (hereinafter bound unto designates the City of Carlsbad in the sum of SEVENTY ONE THOUSAND d I&r%: HUNDRED FORTY AND NO/OO--.------------------------------------- Dollars ($7 1 3 240.00 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and tnrly to be made we bind ourselves, our heirs, executors and administrators, successots, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hidher 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 Cantract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 Of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney’s fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, SO as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms Of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 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. - ew p,s Revised 07/29/02 Contract No. PKS 03-06 Paae 33 hf 73 Panos Executed by SURETY this 23RD day - Executed by CONTRACTOR this - dayof (?%Fp/z ,20&3 of OCroRER ,20%. -. CONTRACTOR: SURETY: AMERICAN CONTRAmRS IND~ITY CDMPANY (name of Surety) 242 E. AIRFORT Mi., #lo4 SAN BERNARDINO, CA 92408 I (sign here) (address of Surety) A frnf/< r3W2-77 909-890-1 500 (print name here) (telephone-number of Surety) (signature of Attorney-in-Fact) R\!. TAMRA ANDFEDE I (sign here) (printed name of Attorney-in-Fact) C/&QY &e77 (attach corporate resolution showing current power d (print name here) of attorney) - 3rco/3,7+/4 9 (title and organization of s7gnatory) - (Proper notarial zcknowledgment 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 @ Revised 07/29/02 Contract No. PKS 03-06 Page 34 of 73 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of Lf4fi6-E- I - Name and Title of Officer (e.g., "Jane Doe, Notary Public") / &2> /6 3 , before me, Date personally appeared A&o&=nE- I Name@) of Signer(s) Tfl h ,e ,d @personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESSmv hand and official& Place Notary Seal Above SignaGre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: % Signer Is Representing: Q 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .- } ss. Name and TiUe of ORicer (e& "Jane Doe, Nota'v Public") On d&kJt- 20 2063, before me, I Date A personally appeared C'unJ.l,ik F. fik P4I-d L0.d iG7. Db4,i-k , Narne(s) ofhgner(s) 0 personally known to me wroved to me on the basis of satisfactory evidence to be the person& whose name@) &/%e subscribed to the within instrument and acknowledged to me that he/ske/m executed the same in hkAer/Xr authorized capacity&), and that by bid&er/mr signature@ on the instrument the personu, or the entity upon behalf of which the personu acted, executed the instrument. WlTNESji my hand and official seal. Place Notary Seal Above & Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Bo,& fi.t&r;&G Description of Attache Title or Type of Document: Document Date: spdc- rb 7663 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual Partner - 0 Limited 0 General' 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing: B Corporate Officer - Title(s): D re -I ,Lc- Q 1997 National Notary Association - 9350 De Solo Ave.. P.O. Box 2402 Chatsworth. CA 91313-2402 Pmd. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 1 A :? F 12 .. FAITHFUL PERFORMANCENVARRANTY BOND m No. 173836 WHEREAS, on September 5, 2003 the City of Carlsbad, State of California, has administratively awarded to SFM CONSTRUCTORS, 1NC.---------------------------------- , (hereinafter ........................................................................ designated as the ggPrincipal"), a Contract for: PKS 03106 HOSP GROVE IRRIGATION MAIN. 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; c (hereinafter designated as the "Contractor"), and AMERICAN ONTRAm WEMNITY -ANY , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SEVENTY ONE THOUSAND TWO HUNDRED FORTY AND NO/OO---------.------------ .................................... Dollars ($7 1,240.00 ), said sum being equal to one hundred percent (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. t8 Revised 07/29/02 Contract No. PKS 03-06 Page 35 of 73 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 _AB* day of @? Fr/2 ,20 03 CONTRACTOR: 9Fjq (r-s7pp3..C7?/v/ /q. (name of Contractor) By: - (sign here) A PrnACd BL,;c377 (print name here) (Title and Organization of Signatory) (sign here) rz/ e9- €3L/li377 (print name here) Executed by SURETY this 23RD day of mm ,2003 . SURETY: AMERICAN coNI!RAmq INDm CmPANY (name of Surety) 242 E. AIRPORT DR., #lo4 SAN BEXWARDINO, CA 92408 (address of Surety) 909-890-1 500 (telephone number of Surety) By: (signature of Attorney-in-Fact) TAMRA ANDREDE (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) 3&Pel/il/d (Title and Organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: a Revised 07/29/02 Contract No. PKS 03-06 Page 36 of 73 Pages # CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } ss. County of #+/U&C- , before me, I Date Name and Title of Officer (e g., "Jane Doe, Notary Public") I Name(@ of Signer@) personally appeared Tfl fi ,4 $'personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature@) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Q 1997 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 r A American Contractors Indemnity Company 984 1 Airport Blvd., 9th Floor, Los Angeles, California 90045 06-3 15 6 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Tamra Andrede of Anaheim, CA Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obli atory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ * *~00~000~00 Dollars*** . This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. “RESOLVED that the Chief Executive Oflcer, President or any &e President, Executive Pice President, Secretary or Assistant Secretary, shall have the power and authority $ 1. To appoint Attomey(s)-in-Fact and to authorize them to execute on behalfof the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, To remove, at any time, any such Attorney-inlfact and revoke the authority given. 2. RESOLVED FURTHER, that the signatures of such oficers and the seal of the Company may be afixed to any such Power of Attorney or certijkate relating thereto by facsimile, and any such Power of Attorney or certzjkate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certi3ed by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.” W WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its sident on the 1 st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY By: fW Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES 9 On this 1 st day of September, 2000 before me, Norma J. President of American Contractors Indemnity Company, acknowledged that he executed the foregoing instrument WITNESS my hand and official seal Norma J. Virgilio, Not& ’ YY Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate to me personally known to be the individual and officer described herein, and and affixed the seal of said corporation thereto by authority of his ofice. I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect, IN WITNESS HEREOF, I have hereunto set my hand thi93m day of OCIOl3m ,2003. r and No. 173836 RGUSONkorporate Secretary #700 1 / Seal #241- 1 Agency No. rev. POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } ss. r4-h Lo f I, Name@) of.Sgner(s) personally appeared personally known to me 6roved to me on the basis of satisfactory evidence to be the personM whose name@ idare subscribed to the within instrument and acknowledged to me that heCskelthey executed the same in hk&er/ur authorized capacity&), and that by IWber/mr signature@ on the instrument the person@, or the entity upon behalf of which the personu acted, executed the instrument. WITNESS,my hand and official seal. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove v;?luable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. KL n AH &Y4GVhDcHP It hJh Document Date: +.xi 2 &3 Number of Pages: 7 Description of Attache Title or Type of Document: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual BL Corporate Officer - Title(s): 0 Partner - 0 Limited i3 Generd 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: EWJ; hw + Top of thumb here 8 1997 National Notary Association * 9350 De Soto Ave.. P.O. Box 2402 - Chamworth. CA 91313-2402 Prcd. No. 5907 Reomer: Call Toll-Free 1-800-876-6827 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is he rei nafter called "Contractof' 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 PKS 03-06 HOSP GROVE IRRIGATION MAIN 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. 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 Revised 07/29/02 Contract No. PKS 03-06 Page 37 of 73 Pages - 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. IO. 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: For Contractor: For Escrow Agent: Title FINANCE Dl RECTOR Name Sign at u re Address Title Name Signature Address 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. a Revised 07/29/02 Contract No. PKS 03-06 Page 38 of 73 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name Signature L Address For Contractor: For Escrow Agent: Title Name Signature Address Revised 07/29/02 Contract No. PKS 03-06 Page 39 of 73 Pages c_ _- SUPPLEMENTAL PROVISIONS FOR HOSP GROVE IRRIGATION MAIN CONTRACT NO. PKS 03-06 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART I, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1 .I Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. - Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineel", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. -_ 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively - defined by the definitions assigned to them herein. - Agency -the City of Carlsbad, California. - Revised 07/29/02 Contract No. PKS 03-06 Page 40 of 73 Pages City Council -the City Council of the City of Carisbad. City Manager - the City Manager of the City of Carlsbad or hidher approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or hidher approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 ”own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor’s Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Deputy Public Works Director - The Public Works Supervisor’s immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer’s designated representative for inspection, contract administration and first level for informal dispute resolution. Public Works Supervisor - the Project Inspector’s immediate supervisor and first level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts ........................................ Apartment a.nd Apartments Bldg ........................................ Building band Buildings CMWD .................................... Carlsbad Municipal Water District CSSD ..................................... Carlsbad Supplemental Standard Drawings cfs ........................................... Cubic Feet per Second Comm ..................................... Commercial DR .......................................... Dimension Ratio E ............................................. Electric G ............................................. Gas gal ........................................... Gallon and Gallons Gar ......................................... Garage and Garages GNV ........................................ Ground Not Visible gpm ......................................... allons per minute a Revised 07/29/02 Contract No. PKS 03-06 Page 41 of 73 Pages -_ -- - IE ............................................ Invert Elevation LCWD ..................................... Leucadia County Water District MSL ........................................ Mean Sea Level (see Regional Standard Drawing M-12) MTBM ..................................... Microtunneling Boring Machine NCTD ..................................... North County Transit Distrct OHE.. ...................................... Overhead Electric OMWD ................................... Olivenhain Municipal Water District ROW ...................................... Right-of-way S ............................................. Sewer or Slope, as applicable SDNR ..................................... San Diego Northern Railway SDRSD ................................... San Diego Regional Standard Drawing SFM ........................................ Sewer Force Main T ............................................. Telephone UE .......................................... Underground Electric W ............................................ Water, Wider or Width, as applicable VW D ...................................... .Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 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 (IO) 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: is listed in the latest version of U.S. Department of Treasury Circular 570,”. Delete, “who 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 performancelwarranty 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: I) 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 ($1 0,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($1 0,000,000). 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. - The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 _- . a Revised 07/29/02 Contract No. PKS 03-06 Page 42 of 73 Pages - -. - days after recordation of the Notice of Completio'n 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 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. instrument entitling or authorizing the person who executed the bond to do so. 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 most recent supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one set designated as City of Carlsbad Drawing No. 411-5L The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. - __ 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. - 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. Permits from other agencies as may be required by law. - % Revised 07/29/02 Contract No. PKS 03-06 Page 43 of 73 Pages ... _- 2-5.2 Precedence of Contract Documents, add the following: Where CALTRANS specifications are used to modify the SSPWC or added to the SSPWC by any of the contract documents the CALTRANS specifications shall have precedence only in reference to the materials and construction materials referred to in the CALTRANS specifications. The Invitation to Bid, Contract for Public Works, Part 1 of these Supplemental Provisions and Part 1 of the SSPWC, in the order of precedence in section 2-5.2 of the SSPWC, shall prevail over the CALTRANS specifications in all other matters. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: I) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. - When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (IO) 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. 2-9 SURVEYING c 2-9.1 Permanent Survey Markers, Revised 07/29/02 Delete sections 2-9.1 and replace with the following: The Contract No. PKS 03-06 Page 44 of 73 Pages - -. - Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record@) as required by 5s 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. Add the following section: - 2-9.2.2 Survey Requirements, The contractor shall set stakes showing preliminary layout for water main alignment, controller locations, quick connect locations, solenoid operated valves and other appurtenances. The project inspector will review the layout with the contractor and will approve or make changes as appropriate. A licensed land surveyor will not be required to set control for the mainline system. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: - 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 4- %# Revised 07/29/02 Contract No. PKS 03-06 Page 45 of 73 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 minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 33.2.2 ( c ) Tool and Equipment Rental, Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. second paragraph, modify as follows: 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials ............................. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Work by contractor. The following percentages shall be added to the Contractor’s costs (b) 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. Work by Subcontractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before a Revised 07/29/02 Contract No. PKS 03-06 Page 46 of 73 Pages _- they are disturbed shall constitute a waiver of all claims in connection therewith. - The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-1 2655. “The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-1 2655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City’s proposed final estimate in order for it to be further considered.” By: Title: Date: Company Name: The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. - Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: I. Project Inspector 2. Public Works Supervisor 3. Deputy Public Works Director 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor’s report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the -_ c3 Revised 07/29/02 Contract No. PKS 03-06 Page 47 of 73 Pages L City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. -_ The authority within the dispute resolution chain of command is limited to recommending a resolution to a .claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: -- - ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS - 20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter I of Part 2. (b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (6) 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)(l) 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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. I 43 Revised 07/29/02 Contract No. PKS 03-06 Page 48 of 73 Pages (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. - 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141 .IO) 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 .IO) 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 - e= %Q Revised 07/29/02 Contract No. PKS 03-06 Page 49 of 73 Pages 1- SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, 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. c- delete the phrase, “and a reasonable amount of retesting”, from the third . -_ - At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor’s expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. __ Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be @ Revised 07/29/02 Contract No. PKS 03-06 Page 50 of 73 Pages . - delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -- UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. - Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary. omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. - SECTION 6 -- PROSECUTION, PROGRESS AND - ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 15 calendar days after receipt of the "Notice to Proceed". <3 Revised 07/29/02 Contract No. PKS 03-06 Page 51 of 73 Pages -. Add the following section: 6-1 .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. - Add the following section: 6-1 .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. I Add the following section: 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit’ to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. Add the following section: 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. Add the following section: 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 95 compatible “Suretrak” program by Primavera or “Project” program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a 89 mm (3.5) data disk with all network information contained thereon, in a format readable by a Microsoft Windows 95 system. The Agency will use a “Suretrak”, “Project” or equal software program for review of the Contractor’s schedule. Should the Contractor elect to use a scheduling program other than the “Suretrak” program by Primavera or “Project” program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted - Revised 07/29/02 Contract No. PKS 03-06 Page 52 of 73 Pages - program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:OO a.m. and 5:OO p.m. The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, California. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site training. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. Add the following section: 6-1.2.5 Schedule Activities, Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than I5 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. Add the following section: 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. - Add the following section: 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. Add the following section: 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4. - Add the following section: - 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-1, The Engineer may choose to accept the Contractor’s proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. - - Add the following section: - 6-1.2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer. The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Revised 07/29/02 Contract No. PKS 03-06 Page 53 of 73 Pages Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per sections 6-1 2.1 0.1 through 6-1.2.10.3. Add the following section: 6-1.2.1 0.1 “Accepted.” Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1. Add the following section: 6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of payment per section 6-1.8.1. The Contractor may proceed with the project work upon issuance of the Add the following section: 6-1.2.1 0.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer. Add the following section: 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. Add the following section: 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. _- Add the following section: 6-1.3.2 Activity Percent Complete. Contractor shall report the percentage determined by the Engineer as complete for the activity. For each activity underway at the end of the month, the Add the following section: 6-1.3.3 Electronic Media. The schedule data disk shall be a standard writeable Compact Disk, labeled with the project name and number, the Contractor’s name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in section 6- e Revised 07/29/02 Contract No. PKS 03-06 Page 54 of 73 Pages - 1.2.4 “Schedule Software” and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. Add the following section: 6-1.3.4 List of Changes. with an explanation for each change. - A list of all changes made to the activities or to the interconnecting logic, Add the following section: 6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor’s change orders. Add the following section: -. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. Add the following section: 6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per sections 6- 1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or “Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked “Not Accepted”. - Add the following section: - 6-1.4.1 “Accepted.” The Contractor may proceed with the project work. Add the following section: 6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. Add the following section: 6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Con tractor’s responsibility. - Add the following section: 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a e $$ Revised 07/29/02 Contract No. PKS 03-06 Page 55 of 73 Pages I subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the “Accepted” schedule. - Add the following section: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of section 2-5.3 and per the schedule review and acceptance requirements of section 6-1, including but not limited to the acceptance and payment provisions. As used in this subsection ”substantially different” means a time variance greater than 5 percent of the number of days of duration for the project. Add the following section: 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor’s Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2. _- Add the following section: - 6-1 .I Measurement And Payment Of Construction Schedule. The Contractor’s preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. 6-2.3 Project Meetings. The Engineer will establish the time and location of (bi-weekly) Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6, “The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor, the Contractor‘s Representative or any other employee or subcontractor or subcontractor’s employee at these meetings will be made. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. Modify as follows: 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 30 working days after the starting date specified in the Notice to Proceed. b Revised 07/29/02 Contract No. PKS 03-06 Page 56 of 73 Pages 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:OO a.m. and 4:OO p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in hidher sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. -. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the. completed Work. Upon the Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. - .-_ Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. -- . Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00) c Execution of the Contract shall constitute agreement by the Agency and Contractor that Five Hundred Dollars ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR - 7-3 LIABILITY INSURANCE. -.-.. Modify as follows: All insurance is to be placed with insurers that have a rating in Best‘s Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS’ COMPENSATION INSURANCE. -. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department Revised 07/29/02 Contract No. PKS 03-06 Page 57 of 73 Pages of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. _- 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in hislher 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. The Contractor shall submit a SWPP for the project for approval. The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 99-08 DWQ NPDES General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity". The contractor shall be responsible for implementing and maintaining all erosion control devices and shall comply with Best Management Practices for Storm Water Pollution Prevention. This work is included in the contract and no additional compensation is provided. ..Add the following 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. Revised 07/29/02 Contract No. PKS 03-06 Page 58 of 73 Pages 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, Chapter 5 of the California Department of Transportation “Manual of Traffic Controls,” 1999 edition and these Supplemental Provisions. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at hidher sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for 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 travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division I, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”, except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 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 (Shoutder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: e %# Revised 07/29/02 Contract No. PKS 03-06 Page 59 of 73 Pages - 7-10.3.3 Traffic Control System for Lane Closure. A traffic control system consists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, CALTRANS “Manual of Traffic Control”, 1999 edition and provisions under “Maintaining Traffic” elsewhere in these Supplemental Provisions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to 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: 7-1 0.3.5 Temporary Pavement Delineation. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the minimum standards specified in Chapter 5 of the “Traffic Manual”, 1996 edition published by CALTRANS. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. When temporary pavement delineation is removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed by grinding. - Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with permanent pavement delineation. Temporary pavement delineation shall be removed when, as determined by the Engineer, the temporary pavement delineation conflicts with the permanent pavement delineation or with a new traffic pattern for the area and is no longer required for the direction of public traffic. When temporary pavement delineation is required to be removed, all lines and marks used to establish the alignment of the temporary pavement delineation shall be removed. Add the following section: 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor shall have such new or modified TCP prepared and submitted as a part of the Work for any and all construction activities that are located within the travelled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this project that are not included in the project plans. The Contractor must submit the TCP for the Engineer’s review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineer’s approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the Engineer’s review. New or revised TCP submittals shall include all TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient scale and detail to show the lane widths, transition lengths, curve radii, stationing of features affecting the traffic control plan and the methodology proposed to transition to the subsequent TCP phase. When the vertical alignment of the travelled surface differs from the finished pavement elevation vertical curves must also be shown. I_ I _- - -- - Revised 07/29/02 Contract No. PKS 03-06 Page 60 of 73 Pages The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions - SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL Add the following section: 8-2 FIELD OFFICE FACILITIES. No field office for agency personnel is required. - SECTION 9 -- MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK I 9-1.4 Units of Measurement, modify as follows: the U.S. Standard Measures. The system of measure for this contract shall be - 93 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” 93.2 Partial and Final Payment. Delete the second paragraph and substitute the following: - contract unit prices, completed change order work and as provided for in Section 9-2 of the shall complete the detailed progress pay estimate and submit it to the Contractor for the Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer Contractor’s information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (IO) days of receipt of the progress estimate, submit a supplemental I -. e* fis Revised 07/29/02 Contract No. PKS 03-06 Page 61 of 73 Pages -- payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. .- The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. - If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims a Revised 07/29/02 Contract No. PKS 03-06 Page 62 of 73 Pages and it will. be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. into the will not be included in the progress estimate. The cost of materials and equipment delivered but not incorporated Add the following section: 9-3.4.1 Mobilization and Preparatory Work. be included in the various items of work and no other payment will be made. Payment for mobilization and preparatory Work will Add the following section: 9-3.4.2 Schedule of Values. Within 20 days after Notice of Award, the Contractor shall submit a Schedule of Values in accordance with Section 2-5.3.3 for approval for items covered under the contract. Partial payment requests shall be in accordance with the approved Schedule of Values. -_ a Revised 07/29/02 Contract No. PKS 03-06 Page 63 of 73 Pages S U PPLEM E NTAL PROWS IONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS Property Thickness Tensile strength Elongation Printability Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors SECTION 207 - PIPE Method Value ASTM D2103 ASTM D882 ASTM D882-88 ASTM D2578 >50 dynedsquare centimeter ASTM D671-81 Pliable hand Manufacturing specifications Heat-set Mylex Manufacturing specifications Every 500 mm(20”) Manufacturing specifications Dead sowannealed Manufacturing specifications Virgin PET Manufacturing specifications Virgin LDPE Manufacturing specifications Boiling H20 at 100 degrees Celsius APWA Code 01 14 mm (0.0056”) 4500g/cm (25 Ibslinch) (5,500 PSI) 60 percent at break >30 percent, solid 1.5#/R Five hours without peel See Table 207-25.1 (B) 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005) overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207- 25 (B). _- “-- I <3 Revised 07/29/02 Contract No. PKS 03-06 Page 64 of 73 Pages Color Red Yellow I Gas and oil distribution and transmission. danaerous materials. Droduct and steam. Utility Marked Electric Dower. distribution. transmission. and municipal electric svstems. Orange Blue Green Brown 1 Force mains. I Sanitary and storm sewer systems, nonpotable. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. ~~ ______ ~ ~~ Purple I Reclaimed water lines. ~ Add the following section: 207-25.2 Materials Approvals. requirements of each of the following agency/association publications. Detectable Underground Utility Marking Tape shall meet the A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping 631.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7, 1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 11 09. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1 501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1 .l. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. 212-2 IRRIGATION SYSTEM MATERIALS. 212-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings, add the following: Except as provided in this section, all buried piping in the irrigation system shall be installed with underground utility marking tape conforming to the requirements of section 207-21 and identifying it as reclaimed water. Intermittent pressure lines (lines on the downstream side of a controller valve that will not be subject to constant pressure) will not require underground utility marking tape. All PVC pipe used for irrigation systems shall be colored purple by the addition of a dye integral to the PVC. Painted pipe will not be accepted. Pressure mainline piping for sizes 50 mm (2) and larger shall be PVC having a pressure rating of 2170 kPa (315 PSI), S.D.R. 13.5. Stenciled pipe is required for all irrigation system piping including portions not required to be marked with underground utility marking tape. All pipe shall have stenciling appearing on both sides of the pipe with the marking "Reclaimed Water" in 16 mm (5/<) high letters repeated every 300 mm (12"). PVC non-pressure buried lateral line piping shall be PVC Schedule 40. Brand: Pacific Cal, Water Warn or approved equal. Add the following section: 212-2.1.7 Brass Pipe and Fittings. Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM 843-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. - Revised 07/29/02 Contract No. PKS 03-06 Page 65 of 73 Pages I 212-2.2.7 Valve Boxes. Add the following: All valve boxes shall be marked "RCV", "BY or "QC", "PB" respectively. Markings are to be heat branded in 2" high letters. Remote control valves shall be marked with station numbers embossed on the valve cover with a brass tag. (all boxes shall have locking covers.) Other boxes such as pull boxes, etc., shall be marked with appropriate identification. Remote Control Valves shall be marked sequentially A-I through A-12, B-I through B-I2 etcetera. The contractor shall note the valve numbering on the record drawings and shall provide a detailed schematic showing the stations controlled by each irrigation controller. Parts List: Quick Connect Valves: 10 '' diameter with T locking cover. Carson L Series 910-4B. Color Violet. No substitutes. Master Control Valves: 12" x 17" with T locking cover. Carson L Series 1419-12 box. Model # 1419- 4B lid. No substitutes. Remote Control Valves: 12" x 17" with T locking cover. Carson L Series 1419-12 box. Model # 1419-48 lid. Color Violet. No substitutes. Ball Valves: 12" x 17" with T locking cover. Carson L Series 1419-12 box. Model # 1419-4B lid. Color Violet. No substitutes. - pressure-retaining stems, glass- sizes 13 mm (%") to 50 mm (2") - - Add the following section: 212-2.2.8 Ball Valves. Ball valves shall have bottom-loaded reinforced seats, and reinforced TFE stem packing seals. Valves shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C. Brand: Wilkins 850. No substitutes. Add the following section: 212-2.2.9 Pressure Regulator Valve. Pressure regulator valve shall be bronze body with screw fitting. Add the following section: 212-2.2.9 Wye Strainers. Wye strainers shall have a cast iron or all-bronze body with a removable stainless steel or monel strainer. Wye strainers shall be capable of withstanding a cold water working pressure of 1034 kPa (150 psi). Wye strainers at backflow preventer assemblies shall be equipped with a gate valve at the outlet. All other wye strainers shall be equipped with a garden valve at the outlet. The strainer screen for the wye strainer in a backflow preventer assembly shall have an open area equal to at least 3 times the cross-sectional area of the pipe based on an iron pipe size and shall be woven wire fabric with 850-pm mesh or perforated sheet with 1 .I4 mm (0.045) diameter holes. All other wye strainers shall be equipped with 425-pm strainer screens. 212-2.3 Backflow Preventer Assembly. Add the following: Backflow preventers shall be Febco 825 Y Reduced Pressure Backflow Preventer. Install per CMWD Standard Drawing W-20. No substitutes - 43 Revised 07/29/02 Contract No. PKS 03-06 Page 66 of 73 Pages Backflow preventers shall be factory assembled and shall include 2 check valves, one pressure differential relief valve, 2 shut-off valves and 4 test cocks. Backflow preventer and valves shall be the same size as the pipeline in which they are installed, unless otherwise shown on the plans. Backflow preventer shut-off valves shall be manufactured from iron or bronze and shall be either resilient wedged gate valves, resilient seated and fully ported ball valves, or resilient seated butterfly valves. Threaded type shut-off valves shall be provided with a union on one side of each valve. Unions shall be brass or malleable iron. Add the following section: Hose Size-Nominal (Millimeters) (Inches) "8 14 3 15 20 212-2.4.1 Additional Equipment. Contractor shall provide the following items to the Engineer: 1. Two control valve keys. 2. Two wrenches for removing each different type of sprinkler head. 3. Two quick coupler keys. The keys and hose ells shall be of the same manufacturer as 4. the coupling valve. 5. Five keys for opening and locking each automatic controller and enclosure. Minimum Wall Thickness* Range (Millimeters) (Inches) (Percent) 3.73 0.147 12 3.91 0.154 12 Add the following section: 212-2.5 Flexible Hose.- Flexible hose shall be nonrigid polyvinyl chloride (nonrigid PVC) hose conforming to the specifications of ASTM Designation: D 2287, Cell-type 6464500. Wall thicknesses of nonrigid PVC hose shall conform to Table 212-2.5(A) when determined in accordance with ASTM Designation: D 2122. TABLE 212-2.5(A) FLEXIBLE HOSE *as measured at any point on the cross section. The hose shall provide leak-free, non-separating connections suitable for the purpose intended when connected to the fittings specified herein. Fittings for flexible hose shall be injection molded PVC, Schedule 40, conforming to the specifications of ASTM Designation: D 2466. Fittings shall be solvent cemented type. Solvent cement for flexible hose and fittings shall be of commercial quality specifically manufactured for use with nonrigid PVC hose. Primer for flexible hose fittings shall be the same as specified for plastic pipe supply line fittings. 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Add the following: All electrical materials shall conform to the requirements of the 1996 National Electrical Code. 212-3.2.2 Conductors. Add the following: Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.01 5 mm (60 mil) insulation, 0.01 5 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial). 212-3.3 Controller Unit. Add the following: All controllers shall be grounded by one 19 mm a Revised 07/29/02 Contract No. PKS 03-06 Page 67 of 73 Pages - (5/8”) diameter by 3 m (IO’) long stainless steel grounding rod and a 50-ohm resistance lightning arrestor. - SECTION 213 - ENGINEERING FABRICS I Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 rnm (3/41r) crushed rock and securely tied closed. Plastic bags are not acceptable. ’4 Revised 07/29/02 Contract No. PKS 03-06 Page 68 of 73 Pages SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS -- SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION - 306-1 OPEN TRENCH OPERATIONS 306-1.3.1 General. add the following: The Contractor shall install detectable underground utility marking tape 75 mm 3” above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall conform to the requirements of section 207-25 et seq. 306-1.3.4 Compaction Requirements. delete Section 306-1.3.4 and replace with the following: The Contractor shall densify trench backfill to a minimum of 90 percent relative compac- tion except that in the top 300 mm (12”) of the street right-of-way, compaction shall be 95 percent. - - - SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 308-5 IRRIGATION SYSTEM INSTALLATION. 308-5.1 General. add the following: The Contractor shall apply irrigation water as often and in sufficient amounts, as conditions may require, to germinate and establish the seed and keep the container plants healthy and growing. The Contractor shall lay out lines, valves, and other underground utilities and receive the approval of the Engineer before digging trenches. The Contractor shall be responsible for damages caused by its operations. Connections shall be made at approximately the locations shown on the drawings. The Contractor shall be responsible for unapproved changes. Permission to shut off any existing in-use water lines must be obtained 48 hours in advance, as to the date, time and exact length of time of each shut-off. The Contractor shall demonstrate that the entire irrigation system is under full automatic operation for a period of seven days prior to any planting. 308-5.2 Irrigation Pipeline Installation. add the following: The Contractor shall install all pressure separation from all potable water piping. Where reclaimed and potable water pressure mainline piping cross, the reclaimed water piping shall be installed below the potable water piping, sleeved in on either side of the potable water piping and be located to provide a minimum vertical clearance of 300 mm (12”) between the reclaimed and potable water lines. Conventional (white) PVC pipe wide purple warning tape which reads “Caution Reclaimed Water”. For trenching through areas where topsoil has been spread, the Contractor shall deposit topsoil on one side of trench and subsoil on opposite side. Subsoil shall be free of all rocks 13 mm (%”) in diameter or larger, debris, and litter, prior to use as backfill. The Contractor shall repair any leaks and main line piping from the irrigation system so as to maintain 3.1 m (IO’) minimum horizontal a pressure rating of 200 PSI SDR 21 “Alertline” PVC sleeve which extends a minimum of 3.1 m (IO’) Schedule 40 may be used for sleeving material if it is taped along its entire length with 75 mm (3”) - - - - - a Revised 07/29/02 Contract No. PKS 03-06 Page 69 of 73 Pages - replace all defective pipe or fittings until lines meet test requirements. The Contractor shall not cover any lines until they have been inspected and approved by the Engineer for tightness, quality of workmanship, and materials. The Contractor shall not be backfill trenches until all required tests and observations are performed. Observations include sprinkler heads, all fittings, lateral and mainline pipe, valves, and direct burial wire. - - 308-5.2.3 Plastic Pipeline. add the following: The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure. Joints shall be exposed for inspection during testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer. Add the following section: 308-5.2.6 Installation of Brass Pipe. The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape, Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. r_ Add the following section: - 308-5.3.1 Valves. add the following: The Contractor shall install each control valve in a separate valve box with a minimum of 300 mm (12”) separation between valves and 150 mm (6) from any fixed object or structure. Add the following section 308-5.3.2 Valve Boxes. The Contractor shall install no more than one valve per box. All boxes are to be marked as to the type of valve. Remote control valve boxes shall also indicate control station number. Add the following section: 308-5.3.3 Backflow Preventer. The Contractor shall install backflow preventer assembly in accordance with manufacturer’s specifications and as directed on drawings. Exact location and positioning shall be verified on the site by the Engineer. 308-5.4.4 Sprinkler Head Adjustment. add the following: The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. - - Add the following section: 308-5.4.5 Drip Assembly. The Contractor shall install drip emitter filter on the supply side of all electric pressure regulating control valve for all emitter systems. The Contractor shall install a flush valve on the discharge side of all drip laterals. - 308-5.5 Automatic Control System Installation. add the following: The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the 1996 National Electrical Code. The Contractor shall provide no less than one control wire and one common ground wire to service each valve in system. 308-7 GUARANTEE. Add following: __ e= ’4 Revised 07/29/02 Contract No. PKS 03-06 Page 70 of 73 Pages The Contractor shall submit written irrigation system guarantee in approved form that all work showing defects in materials or workmanship will be repaired or replaced at no cost to the Engineer for a period of one year from the date of acceptance by the Engineer. The Guarantee form shall be retyped on the Contractor‘s letterhead and contain the following verbiage: “Guarantee For Irrigafion System For Hosp Grove Irrigation Main We hereby guarantee that the irrigation system we have furnished and installed for Hosp Grove Irrigation Main is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defect in material or workmanship, including that due to ordinary wear and tear, which may develop during the periods specified in section 308-7 of the Standard Specifications and the Special Provisions of said project from date of completion of the Work or termination of any maintenance period, whichever is the later, and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the Agency. , This guarantee does not extend to unusual abuse or neglect that may occur subsequent to the date of completion of the Work or termination of any maintenance period, whichever is the later. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. In the event of failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense, and we will pay the costs and charges therefore upon demand. Project: (Project Name) Location: (Legal Description of Project Propem) Name of Contractor: Address: (Of Contractor) - __ Telephone: : (Of Contractor) I Title: (Of said oficer(s)) -_ By: (Typed or printed names of signing Ofticer(s) of the Contractor authorized to bind the Contractor in legal matters) Signature(s) Date of Execution:” - Add the following section: 308-7.1 Record Drawings. In addition to the requirements of section 2-5.4, herein, the Contractor shall prepare record drawings that show all changes in the work constituting departures from the original contract drawings, including those involving both constant-pressure and intermittent-pressure lines and appurtenances. The Contractor shall accurately record, on a daily basis, on one set of blue line prints of the irrigation drawings, all changes in work constituting departures from the original contract drawings, including changes in both pressure and nonpressure line. The Contractor shall post information on record drawings no later than the next working day after the work is installed. The Contractor shall record changes and dimensions in a legible and professional manner. When the drawings are approved by the Engineer the Contractor shall transfer all information to a set of reproducible photo mylar drawings. Items required to be shown shall be dimensioned by the Contractor from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement). The accuracy of location of all items to be shown on the drawings shall be 150 mm (6”) in both the vertical and horizontal planes. All text and numerals placed on drawings shall be 0.30 mm (I/;) in size. Facilities and items to be located in their horizontal and vertical positions and shown on the record drawings include all: a) b) - - - -_ Point(s) of connection, for water and electrical services Routing of irrigation pressure mainlines a Revised 07/29/02 Contract No. PKS 03-06 Page 71 of 73 Pages Backflow preventors Ball, gate and check valves Irrigation control valves. Quick coupler valves Routing of service wires Routing of control wires Electrical service equipment Electrical junction boxes Irrigation controllers Sleeves for future connections Other equipment of a similar nature (as directed by the Engineer). The Contractor shall keep the blue print drawings available for the Engineer's inspection at any time. The Contractor shall make all changes to reproducible drawings in waterproof black ink (no ball point pen). Changes in dimensions shall be recorded in a legible and professional manner. Record construction drawings shall be maintained at the job site during construction. The Contractor shall provide one set of mylar "record" drawings to the Engineer afler submitting blueline prints of the proposed "record" drawings for, and obtaining their approval by, the Engineer. I c c - Add the following section: 308-7.2 Controller Chart. The Contractor shall prepare record drawings which shall be submitted to the Engineer for approval by the Engineer before charts are prepared. The Contractor shall provide one controller chart of the maximum size the controller door will allow, for each controller supplied, showing the area covered by that automatic controller. The chart shall be a reduction of the actual record system drawing with a legend to explain all symbols. If the controller sequence is not legible when the drawing is reduced, The Contractor shall enlarge it to a size that will be readable when reduced. The Contractor shall photocopy the chart, with a pastel transparent color used to show area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum 20 mils thick. The Contractor shall complete the charts and obtain the Engineers approval prior to final inspection of the irrigation system. - - ... .- Add the following section: 308-7.3 Operation and Maintenance Manuals. The Contractor shall prepare and deliver to the Engineer, within 10 calendar days prior to completion of construction, all required and necessary descriptive material in complete detail and sufficient quantity, properly prepared in four individual bound copies. The descriptive material shall describe the material installed in sufficient detail to permit qualified operating personnel to understand, operate, and maintain all equipment. The Contractor shall include spare parts list and related manufacturer information for each equipment item installed. Each manual shall include the following: a) b) Duration of Guarantee period. c) d) e) Index sheet stating Contractor's address and telephone number. List of equipment, with names and addresses of manufacturer's local representative. Complete operating and maintenance instructions on all major equipment. In addition to the maintenance manuals, the Contractor shall provide the agency maintenance personnel with instructions for major equipment, and show written evidence to the Engineer at the conclusion of the work that this service has been rendered. .-. Add the following section: 4- ,Revised 07/29/02 Contract No. PKS 03-06 Page 72 of 73 Pages - 308-7.4 Check List. The Contractor shall complete and forward signed and dated checklist to the Engineer before final acceptance of project. a) b) Materials approval d) e) f) g) h) i) the following checklist at the end of the project, using the format shown: c) Pressure mainline test (by whom, and date) - - Plumbing permits (if none required, so note) Record drawings completed (received by, and date) Controller chart completed (received by, and date) Materials furnished (received by, and date) Operation and maintenance manuals furnished (received by, and date) System and equipment operation instructions (received by, and date) Manufacturer warranties (received by, and date) -. Written guarantee by Contractor (received by, and date) -. 308-8 MEASUREMENT AND PAYMENT. add the following: The lump-sum or unit prices set forth in the contract documents shall include, but not be limited to, full compensation for furnishing all labor, materials, tools, and equipment and performing all work necessary to complete, maintain, and guarantee the irrigation work described or specified in the contract documents, including, erosion control, temporary irrigation and permanent irrigation, including reduced-pressure back-flow preventer, ball valves, electric control valves, quick couplers, control wires, pull boxes, valve boxes, all piping and sleeves, electrical conduits, connection from meter to irrigation controller(s), installation of controller enclosure, concrete pads, preparation, correction, reproduction and lamination of "as- built" drawings, controller charts, assembly and submittal of the check list and operation and maintenance manuals and all appurtenances to the aforementioned items, as well as project guarantees. A Revised 07/29/02 Contract No. PKS 03-06 Page 73 of 73 Pages . - City of Carlsbad August 11,2003 ADDENDUM NO. 1 RE: HOSP GROVE IRRIGATION MAIN, Contract No. PKS03-06 Please include the attached addendum ir! the Notice to BiddedRequest for Bids YOU have for the above project. This addendum--receipt acknowledged--must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:jlk Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1635 Faraday Avenue - Carlsbad, CA 92008-731 4 (760) 602-2430 - FAX (760) 602-8553 www.ci.carlsbad.ca.us - Business License (760) 602-2495 - Utility Billing (760) 602-2420 @ Purchasing (760) 602-2460 - FAX (760) 602-8556 - Bid Line (760) 602-2464 August 6,2003 TO: Kevin Davis, Buyer FROM: Public Works Supervisor, Contracts and Agreements PKS 03-06 HOSP GROVE IRRIGATION MAIN Please prepare an addendum to the contract covering the following issues: 1 , Relocate backflow preventer, irrigation controllers and master control valves shown on Sheet 2 of 3 to the location shown on the attached drawing. The Contractor shall shift the installation and the alignment of the irrigation main to the revised location. These changes are to be noted on the Contractor’s record drawing, red line markups and are to be submitted at the project completion. 2. The Contractor shall demonstrate the operation of all remote control valves in the presence of the inspector. When the operation in witnessed and approved, the contractor shall seal the end of all service lateral stubs with a solvent weld cap and backfill the service lateral stub out. 3. The typical offset shown for irrigation main alignment is a minimum offset from trails and roads. The Contractor may move the exact alignment to insure constructability after receiving authorization from the City of Carlsbad field representative. DALE A. SCHUCK Public Works Supervisor, Contracts and Agreements c: Deputy Public Works Director, General Services Public Works Supervisor, Trees and Medians Addendum #1 Hosp Grove Irrigation Main. --. --\ --.. c- I- \- ' \ Rug la E2003 11;21eu HP LflSERJET 3330 FAX TRANSMITTAL RFI Response Generai Services PKS 03-06 Hosp Grove Irrigation Main Numb of pegm balng transmitted: DATE: 08/18/03 (including transmittal) 1 TIME SENT: 1:OO FM I- TO: PatrickBurton FROM: Dale A Schuck COMPANY: SFM Contractors DIVISION: Contracts and Agreements PHONE NO: 9094939265 PHONE NO. (780) 434.2949 FAX NO: 909-89341 62 FAX NO: (760) 720-9562 Special instructbns: Cwrtrsctor RR Response Please uee itbe loifowing RH Response prior to ctnnphffng bWI for the pm]& - q. Details on sheet 5 &6 show laterals exiting the valves. Sheet 1 & 2 da not. What is the intent of the plans? The debt! strdet governs. The contractor is to sfub out of the Remote Control Vahws and demonstrate they opwaC hen the Contractor Is to sdvenf weld a cap on the stub" Phase seo Addendum #7. 2. Are them spripkler heads as part of this project? No. Nu sprlnMer heads am required. 3. Are drip lnlgatlon emmers a part of this project7 No. No dtfp irrjrretron smltters urn rsquW, 4. Is there any erosion control plan available and what are !he requirements? The Conitactor Is required to implemenf any needed emslon control devkr to prrsvent stom wster poilutlon. The Contractor may choose any meihod fhat complies wiih Best Manegsment Practkes for Stonn Wafer Poikrtion Prevenflon. The cod of impiemenfalian Is included in the bid. - 405 Oak Avenue Carisbad CA 920080 FAX (760) 12G9562 I SFM Constructors, Inc. General Engineering & Building Contractors Post Ofl[ice Box 890485 Temecula, California 92589-0485 Phone 909.693.0265 Fax 909.693.0162 Email To: Dale Schuck Public Works Supervisor City of Carlsbad Date: 8-15-03 Job: Hosp Grove Irrigation Main Contract No. PKS 03-06 owner: city of Carlsbad Re: NOTICE OF REQUEST FOR INFORMATION (RFI) Mr. Schuck: We are assembling a bid offer on the above project and would like to have some items clarified as identified below. Item 1: Plan set sheet 3 details 5 & 6 show pvc main line with laterals exiting the valves. Sheets 1 & 2 seem to indicate the 2 inch pvc being the main line with no laterals being shown. Question: Are we to bid to install laterals exiting the valves? If so, where and to what extent? Our bid will be to install 2 inch pvc and valves exactly as shown on sheets 1 and 2 of the plan set unless otherwise directed. No laterals exiting the valves will be included. Item 2: Page 70 of 73 308-5.4.4 Sprinkler Head Adjustment: There are no sprinkler heads shown on plans. Are we to install such within the laterals or elsewhere? If so, to what extent and where? Our bid will be sans spmklers unless otherwise Wed. Item 3: Page 70 of 73 308-5.4.5 Drip Assembly: There are no drip system details within the plan set. Are we to install such a drip system? If so, where and to what extent? More information is required to provide an accurate cost. Our bid will be sans drips unless otherwise directed. Item 4: Page 68 of 73 Section 2 13 Engineering Fabrics: An erosion control plan is not included within the specifications. To what extent is such a plan? Where are erosion controls to be set up? To what degree of construction i.e. desilting? Pumping stations? Chevrons? What exactly are we putting a cost to? More information is required to provide accurate cost. Our bid will provide sand bags at roads along the side of the road on each side only unless otherwise directed. Remarks: If answers in clarification are not available and work proceeds, a situation that may arise during the course of the work, adding cost to the work, will be considered as additional work and charged as such to the Owner under a request for Field Change Order (FCO). Very Truly Yours, Dated: 8-15-03 By: L. Patrick Burtt President