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Valley Coast Construction Inc; 2006-11-02; PWS07-03REC
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DQC# 2007-0606789 SEP 14, 2007 3:51 PM OFFICIAL RE CORDS SAN DIEGO COLIN TV RECORDER'S OFFICE GREG 0 R Y, I. S MIT H.. CO LI N T Y R E CO R D E R FEES 0,00 PAGES: Space above this line for Recorder's use. PARCEL NO: N/A NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 11, 2007. 6. The name of the contractor for such work or improvement is Valley Coast Construction, Inc. 7. 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: Erosion Repairs and Drainage Improvements Re-Bid, Leo Carrillo Ranch Historic Park, Project No. 45011. 8. The street address of said property is 6200 Flying LC Lane. CITY OF CARLSBAD Robert T/ City Eng VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on S<gp4^mbe/— l\ 20 &7 . 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 Slpr&nbir 11 . 2007 . at Carlsbad, California. C]TY OF CARLSBAD AB 19,150 Reso 2007-231 LORRAINE City Clerk /o^<t •' Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID LEO CARRILLO RANCH HISTORIC PARK CONTRACT NO. 45011 BID NO. PWS07-03REC Revised 10/08/03 Contract No. 45011 Page 1 of 80 TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 17 Bidder's Bond To Accompany Proposal 18 Guide For Completing The "Designation Of Subcontractors" Form 20 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 22 Bidder's Statement Of Financial Responsibility 23 Bidder's Statement Of Technical Ability And Experience 24 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 25 Bidder's Statement Of Re Debarment 26 Bidder's Disclosure Of Discipline Record 27 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 29 Contract Public Works 30 Labor And Materials Bond 36 Faithful Performance/Warranty Bond 38 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 40 Revised 10/08/03 Contract No. 45011 Page 2 of 80 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Part 1 General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 43 1-2 Definitions 44 1-3 Abbreviations 45 Section 2 Scope And Control Of The Work 2-3 Subcontracts 45 2-4 Contract Bonds 46 2-5 Plans And Specifications 46 2-9 Surveying 48 2-10 Authority Of Board And Engineer 50 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 51 3-3 Extra Work 51 3-4 Changed Conditions 51 3-5 Disputed Work 52 Section 4 Control Of Materials 4-1 Materials And Workmanship 55 4-2 Materials Transportation, Handling and Storage 56 Section 5 Utilities 5-1 Location 56 5-4 Relocation 56 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 56 6-2 Prosecution Of Work 57 6-6 Delays And Extensions Of Time 58 6-7 Time of Completion 58 6-8 Completion And Acceptance 58 6-9 Liquidated Damages 58 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 59 7-4 Workers' Compensation Insurance 59 7-5 Permits 59 7-7 Cooperation and Collateral Work 59 7-8 Project Site Maintenance 59 7-10 Public Convenience And Safety 60 7-13 Laws To Be Observed 60 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 60 9-3 Payment 60 Revised 10/08/03 Contract No. 45011 Page 3 of 80 PART 2 Construction Materials Section 200 Rock Materials 63 Section 201 Concrete, Mortar, and Related Materials 64 Section 213 Engineering Fabrics 64 213-3 Erosion Control Specialties 65 PART 3 Construction Methods Section 300 Earthwork 300-1 Clearing And Grubbing 66 300-2 Unclassified Excavation 66 300-3 Structure Excavation And Backfill 67 300-4 Unclassified Fill 67 300-5 Borrow Excavation 68 300-9 Geotextiles For Erosion Control And Water Pollution Control 68 300-11 Stonework For Erosion Control 69 Section 301 Treated Soil, Sub grade Preparation And Placement Of Base Materials 70 301-1 Sub grade Preparation 70 Section 303 Concrete and Masonry Construction 70 303-1 Concrete Structures 70 PART 4 Additional Specifications- CSI Format Description DIVISION 3 - CONCRETE Section 03100 - Concrete Formwork Section 03200 - Concrete Reinforcement Section 03300 - Cast- In- Place Concrete Section 03100 03200 03300 Part 5 Appendices A. San Diego Regional Standard Drawings B. Specifications for Stabilized Decomposed Granite Using Poly pavement Soil Stabilizer Applications Revised 10/08/03 Contract No. 45011 Page 4 of 80 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on September 19, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Perform minor grading to redirect water to minimize erosion, provide supplemental stabilized decomposed granite and application of stabilizing materials (Polypavement) to areas shown on plans and in accordance with specifications. Install additional drainage structures, such as french drains, drainage pipe and catch basins to collect water run-off. Remove accumulated decomposed granite materials from existing drainage structures and other areas, as shown on the plans and as outlined in the plans and specifications. CONTRACT NO. 45011 EROSION REPAIRS AND DRAINAGE IMPROVEMENTS REBID LEO CARRILLO RANCH HISTORIC PARK BID NO.PWS07-03REC 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 Purchasing Department. The specifications for the work include the Standard Specifications for Public Works Construction 2003 Edition, and all current supplements , all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of Revised 10/08/03 Contract No. 45011 Carrillo Erosion Repairs/Improvements Page 5 of 78 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: 1. Contractor's Proposal 8. Acknowledgement of Addendum(a) 2. Bidder's Bond 9. Certificate of Insurance. The riders covering the 3. Non-Collusion Affidavit City, its officials, employees and volunteers may 4. Designation of Subcontractors be omitted at the time of bid submittal but shall and Amount of Subcontractor Bid be provided by the Bidder prior to award of this 5. Designation of Owner Operator/Lessors & contract. Amount of Owner Operator/Lessor Work 10. Bidder' s Statement Re Debarment 6. Bidder's Statement of Financial Responsibility 11. Bidder's Disclosure Of Discipline Record 7. Bidder's Statement of Technical Ability and Escrow Agreement for Security Deposits-(optional, Experience 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 $210.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non responsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classification C-12 A Description Paving and Earthwork General Contractor If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 100.00 per set. If plans and specifications are to be mailed the cost of 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 Park Planner a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Park Planner 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. Revised 10/08/03 Contract No. 45011 Carrillo Erosion Repairs/Improvements Page 6 of 78 The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1 , of the Labor Code commencing with section 1720 shall apply to the Contract for work. A mandatory pre-bid meeting and tour of the project site will be held at Leo Carrillo Historic Ranch Park, 6200 Flying LC Lane, Carlsbad, CA 92009 on Thursday, September 7. 2006 at 9:00 AM. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, as a lump sum bid. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier 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. Revised 10/08/03 Contract No. 45011 Carrillo Erosion Repairs/Improvements Page 7 of 78 Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance 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. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2006-203, adopted on the 18th day of July, 2006. August 9. 2006 Date Publish Date: August 12, 2006 Revised 10/08/03 Contract No. 45011 Carrillo Erosion Repairs/Improvements Page 8 of 78 CITY OF CARLSBAD EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, 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. 4501 1 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefore the work as outlined herein. EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC SCOPE OF WORK Provide all materials, labor and equipment to perform minor site grading to redirect water to minimize erosion, provide supplemental stabilized decomposed granite and application of stabilizing materials (Polypavement) to areas shown on plans and in accordance with specifications. Install additional drainage structures, such as cobble drainage ditch, drainage pipe and catch basins to collect water run-off. Remove accumulated decomposed granite materials from existing drainage structures and other existing areas as shown on the plans and as specified herein. RE-BID SCHEDULE LEO CARRILLO RANCH EROSION REPAIRS AND DRAINAGE IMPROVEMENTS Approximate Item Quantity Unit No. Description and Unit Price 1 Mobilization Not to Exceed $10,000 ftinnnn.m _ $10,000 Dollars (Lump Sum) Construction schedule per plans Not to Exceed $250 $250 and specifications at $250 $250.00 two hundred fifty Dollars (Stipulated Amount) Revised 10/08/03 Contract No. 45011 Page 9 of 80 Item No. 3 Description Temporary fencing and barricades to prohibit public access to work areas during construction operations at rvnci -t-Vw-n ioor»H -f-i -F-t-TT1 f-\ri£i Approximate Quantity and Unit LS Not to exceed $1 ,500 Unit Price $ 1051.00 6 8 Total $ 1,051.00 Dollars (Lump Sum) Remove exiting silt fence, straw bales and erosion barriers near bam and stable areas, dispose of off site as specified herein at five hundred eihty eiht LS $ 588.17 $ 588.17 and seventeen cents Dollars ( Lump Sum) Construct 275 LF stone drainage trench including excavation, perforated pipe, and backfill per plans and details and specifications at fifty one dollars and ninety one cents Dollars per Linear Foot 6 C.Y. Topsoil backfill for trail per Section A-A at ninety three dollars and sixty nine cents _ 275 LF $_5_L2L S 14,275.25 1 2 CY S 93.69 S 1.124.28 Dollars per CY Supplemental decomposed granite for walking trail to Visitor Center-Sections "A-A" per plans and specifications -avg. depth 3" one hundred thirty two dollars and forty five cents Dollars per Ton Provide and install 2" x 6" pressure treated Douglas fir wood edging for walking trail to Visitors Center per Sections "A-A" per plans and specifications at thirteen Dollars per Linear Foot 20 Tons S 132.45 $ 2.649.00 200 LF £$ 2.600.00 Revised 10/08/03 Contract No. 45011 Page 10 of 80 Approximate Item Quantity Unit No. Description and Unit Price Total 9 Construct 1 concrete inlet w/ 24" 1 EA $ 2,246.00 $ 2.246.00 x 24" pre cast grate at end (down slope) of stone trench near Visitor's Center per plans and specifications at two thousand two hundred forty six Dollars Each 10 Furnish and install 10"PVC 75 LF S 65.51 S 4.913.25 (SDR 35) pipe including all trenching, excavation, placement and backfill per plans and specifications at fivp dollars fmA fifty one cents Dollars per Linear Foot 1 1 Remove and re-use existing rip LS $ 2, 2nfi.no $ 2,206.00 rap, add 6 CY supplemental rock rip rap to construct pipe outlet for new 10" PVC drainage pipe near Visitors Center per plans and specifications at two thousand two hundred six Dollars (Lump Sum) 12 Construct 1 Type G-1 catch 1 EA $ 6.401.00 $ 6.401.00 basin, tie into existing 18" RCP, 1350-D and install per plans and specifications (Section F-F) at six thousand four hundred one Dollars Each 13 Remove sediment from LS £ 5.006.00 ' $ 5,006.00 existing 18" RCP pipe, and re-construct rock rip rap area at stream outfall location, provide additional 5 C.Y. 8-12"" rock, rip rap, per plans and specifications at five thousand six Dollars (Lump Sum) Revised 10/08/03 Contract No. 45011 Page 11 of 80 Approximate Item Quantity Unit No. Description and Unit Price Total 14 Re-grade area north of barn and LS S 1,366.00 $ 1,366.00 stables to restore positive drainage to existing catch basins, per plans and specifications at one thousand three hundred sixty six Dollars (Lump Sum) 15 Remove and replace black vinyl 45 LF S 33.13 S 1.490.85 chain link fence, in kind, north of barn as necessary to perform grading operations near barn at thirty three and thirteen cents Dollars per Linear Foot 16 Reconstruct dissipator area near 1 EA $ 2.271.00 S 2.271.00 stables using existing materials per plans and specifications at two thousand two hundred seventy one dollars Dollars Each 17 Provide and install 12 Tons 12 Tons S 144.60 $ 1.735.20 supplemental DG, (avg. depth 3") for walking trail to hacienda, (Section C-C), per plans and Specifications at one hundred forty four and sixty cents Dollars per Ton 18 Provide and install Poly 58,000 SF $ 2.01 $ 116,580.00 pavement soil solidifier using Application Method No. 2, per plans and specifications at two dollars and one cent Dollars per Square Foot Revised 10/08/03 Contract No. 45011 Page 12 of 80 Item No. Description 19 BID DEDUCT ALTERNATE Creek Bed Clean Up - Remove 6-8" existing sediment, from creek behind carriage house including removal of tullies per plans and specifications. (Note: Removed organic materials to be spread out on site in locations as approved by Park Manager and/or Parks Supervisor) at fifteen thousand two hundred ninety five dollars Dollars (Lump §um) Approximate Quantity and Unit LS Unit Price $ 15,295.00 Total $ 15,295.00 OPENED, WITNESSED AND REG DATE SiGNA' "BASE BID" Total amount of bid in words for Bid Schedule Items 1-19 and for the entire scope of work as defined in the contract documents. one hundred ninety two thousand eighteen dollars only Total amount of bid in numbers for "BASE BID": $ 192.018.00 "BID DEDUCT" Total amount of bid in words for "BID DEDUCT', Bid Schedule Item 19 only, as identified and defined in the contract documents. This bid deduct alternate includes the stream bed clean up work to restore the stream flow and also involves the removal of decomposed granite (avg. depth of 6"), non native vegetation (tullies). Work for this 'bid deduct", shall include all materials, labor and equipment to perform this work item. thousand. i~wo hundred ninety five dollars only Total amount of bid in numbers for "BID DEDUCT" $ 15.295.00 The basis of award will be on the "BASE BID". The City reserves the right to reduce the scope of the project by accepting the BID DEDUCT after award of the contract. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s)._l has/have been received and is/are included in this proposal. Revised 10/08/03 Contract No. 45011 of an 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 of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number fiisnffi A classification A, 027 which expires on 4/30/07 , and that this statement is true and correct and has the legal effect of an affidavit. 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 non responsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is bid bond ( Cask, Certified Check, Bond or Cashier's Check) for (10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter,1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. Revised 10/08/03 Contract No 45011 Page 14 of 80 License Detail Page 1 of2 California Home Tuesday, Septeml License Detail Contractor License # 618068 CALIFORNIA CONTRACTORS STATE LICEN DISCLAIMER A license status check provides information taken from the CSLB license data base. Before 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 tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. • Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. * * * Extract Date: 09/19/2006 Business Information * * * VALLEY COAST LANDSCAPE CONSTRUCTION dba VALLEY COAST CONSTRUCTION 3388 CHANNEL WAY SAN DIEGO, CA 92110 Business Phone Number: (619) 225-9090 Entity: Corporation Issue Date: 04/17/1991 Expire Date: 04/30/2007 * * *License Status * This license is current and active. All information below should be reviewed. * * *Classifications * * * |Class | Description C27 [[LANDSCAPING A J|GENERAL ENGINEERING CONTRACTOR] * * *Bonding Information * * * http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 9/19/2006 License Detail Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number CD6723 in the am $10,000 with the bonding company CONTRACTORS BONDING AND INSURANCE COMPANY. Effective Date: 09/27/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) DAVI KOEBERLE certified that he/she owns 10 percent or more of the voting stock/equity ol corporation. A bond of qualifying individual is not required. Effective Date: 02/09/2000 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the CLARENDON NATIONAL INSURANCE COMPANY Policy Number: N0040075000 Effective Date: 03/01/2006 Expire Date: 03/01/2007 Workers Compensation History * * * Miscellaneous Information * * * Date 05/09/2006 Description | CLASS C53 REMOVED Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 9/19/2006 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business City and State (4) Zip Code Telephone No. (5) E-Mail IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted. (Street and Number) (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business. City and State (4) Zip Code (5) E-Mail (Street and Number) . Telephone No. Revised 10/08/03 Contract No 45011 Pane 15 of 80 IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Valley Coast Construction. Inc. (2). (Signature) Treasurer (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of CA (4) Place Of Business ''___ 3388 Channel Way (Street and Number) City and State San Dieao. GA (5) Zip Code 92110 _ Telephone No. 619-22'^-QnQn _ (6) E-Mail Ktfml @va1 1 pyr-na.ol- . rrm _ 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: - V— _ St9R J^attimorp Secretary Revised 10/08/0^ Contract No 45011 Paae 16 of RO ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oftfl On ( ss. (DATE) personally appeared _ before me,H(~^(NOTARY) SIGNER(S) personally known to me - OR - MAY HOFFMAN CommJ 1502612 ,.- NOTARY PUBLIC-CALIFORNIA WSan Diego County ~My Cmnm. EipJrM July 20,2008 f G proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) G PARTNER(S) G ATTORNEY-IN-FACT G TRUSTEE(S) G GUARDIAN/CONSERVATOR G OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA. 800-362-3369 BID SECURITY FORM (Check to Accompany Bid) EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a "Certified "Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of ^ dollars ($ ), this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by jaw, and notwithstanding the award of the contract to another bidder. BIDDER 'Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No 45011 PPHP 17 nf an BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, VALLEY COAST CONSTRUCTION. INC. , as Principal, and .CONTRACTORS BONDING AND INSURANCE COMPANY as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF BID no% OF BID) for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 ,: LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC 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 City. oFteviMd 10D8/D3 Contract No. 450,! In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this. PRINCIPAL: VALLEY COAST CONTRUCTION. INC. . day of. (name of Principal) By: sign here) j; (sign here) Pav-jrl (print name here) Prp.=nflfini-r fngst Construction, Inc. (title and organization of signatory) •^j-vnt" (print name here) Va~l J£>vJfirwsl- firmslmintririn. Inc. Executed by SURETY this 7TH day Of SEPTEMBER , 2Q06 . SURETY: CONTRACTORS BONDING AND INSURANCE COMPANY (name of Surety) 111 PACIFICA. SUITE 35Q. IRVINE, CA 92618 (address of Surely) (949)341-9110 e number_oLSurety) (sigpature of Attomey-in-Fact) TARA BACON. ATTORNEY-IN-FACT (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must eign 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 H. BALL City Attorney . By:. DeputyCity Attorney ALL-PURPOSE ACKNOWLEDGMENT State of California <~>County of . > On q IZc 9.10 l)i<:<\b3 f b&. before me. A/lflu^ *H & T r* /vi ^ v\ (DATE) personally appeared personally known to me - OR - MAY HOFFMAN CommJ 1502612 ,» NOTARY PUBllC-CAllFORNIAttSan Oiejo Counh -j^Camm. fapfat July J0,2008-i (NOTARY) SJONER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA5/99 VALLEY-SIERRA, 800-362-3369 ALL-PURPOSE ACKNOWLEDGMENT State of California County of SgA V ' On ^ >ss. before me,fll PI o (DATE) personally appeared (Vyoi/L L cu r i /V\ o VsH^ personally known to me - OR - MAY HOFFMAN {• Com 11502612 »!NOTARY PUBUC-CAUFORNIAWI My Coma fapfms July20,2008 *f (NOTARY) SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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. -'NCriWRY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT G INDIVIDUAL n CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) G PARTNER(S) G ATTORNEY-IN-FACT G TRUSTEE(S) G GUARDIAN/CONSERVATOR G OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA5/99 VALLEY-SIERRA, 800-362-3369 Company Profile Page 1 of 2 Company Profile CONTRACTORS BONDING AND INSURANCE COMPANY PO BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992 COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 37206 NAIC Group #: 0000 California Company ID #: 3000-7 Date authorized in California: May 31,1985 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON 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 glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=6735 9/19/2006 Company Profile Page 2 of 2 MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - September 01, 2006 01:31 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_prof?p_EID=6735 9/19/2006 ACKNOWLEDGMENT State of California County of San Diego On September?, 2006 before me,Maria Hallmark, Notary Public (here insert name and title of the officer) personally appeared Tara Bacon personally known to me (or proved to me on tho basis of satisfactory evidence) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that be/she/toey executed the same in bts/her#be4f authorized capacity(ies), and that by bts/her/tbetf signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature A MARIA HALLMARKCOMM. #1508244 A NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY OMy Commission Expires ~* AUGUST 17. 2008 | (Seal) BONDS ^f JMFdue LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Executed On or After: MARCH sis?, aoo? Power of Attorney Number: 990094 READ CAREFULLY - to be used only with the bond specified herein Only an unaltered original of this Power of Attorney document is valid. A valid original of this document is printed on gray security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company"). The original document contains a watermark with the letters "cbic" embedded in the paper rather than printed upon it, The watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is visible when the document is held to the light. This document Is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond is of the type indicated below. This document is valid only if the bond is executed on or before the date indicated above. KNOW ALL MEN BY THESE PRESENTS, that the Company doe* hereby make, constitute and appoint the following! JACK 6. LOTIEN, DALE G. HARSHAW, ?ARA BACON and GEOFFREY SHELTQN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company: (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorn<sy-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar document* required by an obligee under a contract bonded by the Company. This appointment is mads under the authority of the Board of Directors of the Company.-- — -- .»»•«_»-_„, — «— —— —— - < --- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. lilt Bond Number BID Signed and sealed this 7TH . day of . 2006 R. Kirk Eland, Secretary CBIC • 1213 Valley Street » P.O. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 * {800} 765-CBIC (Toll Free) • (800)9504558 (FAX) PoaLPOA#7-US05i 104 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following Subcontractor disclosure form Bidders are urged to review the definitions in section 1-2 of the SSPWC ("Greenbook") and in 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." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the 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 whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Revised 10/08/03 Contract No. 45011 Page 20 of 80 Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the Supplemental Provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. Revised 10/08/03 Contract No. 45011 Page 21 of 80 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS I I I I Portion of Work* Subcontractor Name and Location of Business ADAe. Amount of Work by Subcontractor in Dollars* Subcontractor's License No.*_ Page.. pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." O <-.,,;,~. - "i ^ BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. see attached I • I I I I I I I FINANCIAL STATEMENTS AND SUPPLEMENTARY SCHEDULES Valley Coast Landscape Construction, Inc. A Sub Chapter S Corporation December 31,2005 Robert A. Cowen Certified Public Accountant Robert A. Cowen Certified Public Accountant 1010 Turquoise Street, Suite 275 San Diego, California 92109 (858) 488-0525 Fax (858) 488-0528 Robert@cowencpa.com David Koeberle Valley Coast Landscape Construction, Inc. 3388 Channel Way San Diego, CA 92110 We have reviewed the accompanying balance sheet of Valley Coast Landscape Construction, Inc. as of December 31, 2005 and the related combined statements of operations and retained earnings, supplementary schedule of contracts in process and the statement of cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements are the representation of the management of Valley Coast Landscape, Incorporated. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information in the accompanying schedules is presented only for supplementary analysis purposes and has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements. We are not aware of any material modifications that should be made to this data in order for it to be in conformity with generally accepted accounting principles. March 30, 2006 Valley Coast Landscape Construction, Inc. Balance Sheet December 31, 2005 Assets Current Assets: Cash and cash equivalents Contracts receivable Costs and estimated earnings in excess of billings on uncompleted contracts Stockholder receivables Prepaid assets and other receivables Property and equipment Less Depreciation 563,986 691,845 23,459 59,000 29,910 1,368,201 780,320 (549,595) 230,725 Total Assets $ 1,598,925 Liabilities and Stockholder's Equity Current Liabilities: Accounts payable Accrued expenses Payable stockholder Deferred taxes Billings in excess of costs and estimated earnings on uncompleted contracts Current portion of note payables Long Term Liabilities: Note payables Total Liabilities Stockholder's Equity: Common stock Paid in capital Retained earnings Total Liabilities and Stockholder's Equity 285,033 54,610 7,255 7,751 95,414 61,194 511,257 108,878 108,878 620,135 102,750 876,040 978,790 $ 1,598,925 See Accountant's Review Report and Accompanying Disclosures Valley Coast Landscape Construction, Inc. Statement of Operations and Retained Earnings For the Year ended December 31, 2005 Contract revenue Cost of revenue See Detail Gross Profit Selling, general and administrative expenses: Salaries - Officer Salaries - Marketing Legal & Professional fees Rent Salaries - Administration Payroll taxes Interest Telephone Accounting Miscellaneous Depreciation Bad debt Insurance - Health Payroll processing Bonuses Entertainment Utilites Advertising Internet Travel Fees & Licenses Computer repairs Dues & subscriptions Professional Development Auto expenses Postage Contributions Bank charges Printing Medical Water service Taxes - Property Parking fees Total expenses Income from construction operations Other income (expense) See Detail Net profit before income taxes Income taxes Net profit Retained earnings beginning of period Distributions Retained earnings end of period Year to Date $ 3,397,388 2,519,667 877,722 329,471 124,287 105,828 49,464 34,791 24,856 13,747 12,618 12,481 8,353 7,543 7,045 6,805 5,237 5,000 4,778 3,586 3,387 2,424 2,118 1,991 1,840 1,796 1,538 1,300 745 640 447 370 292 274 271 156 775,476 102,246 397,897 500,142 7,708 492,434 434,892 (51,286) %of YTD Sales 100% 74% 26% 10% 4% 3% 1% 1% 1% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 23% 3% 12% 15% $ 876,040 See Accountant's Review Report and Accompanying Disclosures Valley Coast Landscape Construction, Inc. Schedule of Cost of Revenue and Other Income For the Year ended December 31, 2005 %of Year to Date YTD Sales Cost of Revenue: Materials Subcontractors Wages Depreciation Worker's compensation insurance Insurance - liability Gas and oil Payroll taxes Auto expenses Pension contribution Insurance - bond Equipment rentals Small tools Uniforms Bidding costs Shop supplies Total cost of revenue $ 878,916 705,306 527,729 119,116 71,534 59,714 51,297 46,839 15,440 15,128 13,106 10,715 2,498 1,282 590 456 26% 21% 16% 4% 2% 2% 2% 1% 0% 0% 0% 0% 0% 0% 0% 0% $ 2,519,667 74% Other income (expense): Proceeds from litigation settlement Miscellaneous Gain from the sale of assets Interest income Total other income (expense) $ $ 363,942 21,816 11,679 460 397,897 11% 1% 0% 0% 12% See Accountant's Review Report and Accompanying Disclosures Valley Coast Landscape Construction, Inc. Statement of Cash Flows December 31, 2005 Year to Date Cash flows from operating activities: Operating receipts: Cash received from customers Cash received - interest Total receipts Operating payments: Cash paid to subcontractors, employees material vendors and equipment supplies Cash paid for interest Cash paid for income taxes Total payments Net cash provided by operating activities Cash flows from (used for) investing activities: Proceeds from the sale of assets Property and equipment Net cash used by investing activities Cash flows from financing activities: Loan principal payments Proceeds from loans Funds advances to stockholders Dividends paid to stockholders 3,678,630 460 3,679,090 (3,130,360) (13,747) (6,596) (3,150,704) 528,387 15,972 (84,427) (68,455) (44,720) 34,207 (61,950) (51,286) Net increase (decrease) in cash Beginning cash balance Ending cash balance 336,182 227,804 563,986 See Accountant's Review Report and Accompanying Disclosures VALLEY COAST LANDSCAPE CONSTRUCTION, INC. NOTES TO FINANCIAL STATEMENTS December 31,2005 Note 1. Nature of Business and Summary of Significant Accounting Policies Nature of Business - Valley Coast Landscape Construction, Inc. (the "Company") was incorporated in the state of California on January 1,1989. The Company provides general engineering and landscape construction services to local business, government agencies and residences. Cash and cash equivalents - The Company considers deposits that can be redeemed on demand and investments that have original maturities of less than three months, when purchased to be cash equivalents. As of December 31, 2005, the Company's cash and cash equivalents were deposited primarily in one financial institution. Use of Estimates - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities as of the date of the financial statements and the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates. Revenue Recognition - The Company recognizes construction revenue on the percentage of completion method, based primarily on contract costs incurred to date compared with total estimated contract costs. Changes to total estimated contract costs or losses, if any, are recognized in the period in which they are determined. Claims against customers are recognized as revenue upon settlement. Revenues recognized in excess of amounts billed are classified as current assets under costs and estimated earnings in excess of billings on uncompleted contracts. Amounts billed to clients in excess of revenues recognized to date are classified as current liabilities under billings in excess of costs and estimated earnings on uncompleted contracts. Changes in project performance and conditions, estimated profitability, and final contract settlements may result in future revisions to landscaping construction contract costs and revenue. Bad Debts - The Company uses the allowance method to account for uncollectible accounts receivable. Selling and Advertising costs - Selling, advertising and promotion costs are expensed as incurred. Depreciable Assets - Property, furniture and equipment are stated at cost, net of accumulated depreciation. Major renewals and improvements are capitalized. Repairs and maintenance that do not extend asset lives are expensed as incurred. Depreciation is provided on straight-line and accelerated methods over the estimated useful lives of the assets (generally five to seven years). Depreciation expense allocated to cost of revenue for the period ended December 31, 2005 was $ 119,116. Depreciation expense allocated to selling, general and administrative expense for the period ended December 31, 2005 was $ 7,543. Intangible Assets - Intangible assets are amortized on a straight-line basis over 15 years. Amortization expense for the period ended December 31, 2005 was $ 0. Treasury Stock - Common stock held in the Company's treasury has been recorded at cost. As of December 31, 2005, the value of treasury stock held by the Company was $3,000. Accrued absences - The Company has not accrued a liability for compensated absences because the amount cannot be reasonably estimated. Note 2. Composition of Certain Financial Statement Captions 712,459 ( 20.614) 691.845 Contracts receivable Contracts receivable Allowance for doubtful accounts Fixed assets net of accumulated depreciation Office furniture & equipment Tools & equipment Computer equipment & software Vehicles Leasehold improvements Less accumulated depreciation Prepaid assets and Other Receivables Prepaid insurance Employee receivables Prepaid pension Receivable Federal Income Tax Prepaid State Income Tax NoteS. Income Tax The Company, with the consent of its stockholders, has elected under the Internal Revenue Code to be taxed as an S Corporation. The stockholders of an S Corporation are taxed on their proportionate share of the Company's taxable income. Therefore, no provision or liability for federal income taxes has been included in the financial statements. Certain specific deductions and credits flow through the Company to its stockholders. The Company is eligible for a fuel credit, which is received annually in the form of a federal tax refund. This election is valid for California; however California law requires a minimum tax of $800 or 1.5% on State taxable income. Therefore a provision and a related liability have been included in the financial statements for current California income taxes. State income tax expense for the year ended December 31, 2005 was $7,708. Deferred income taxes are provided on income and expenses that are recognized in a different accounting periods for financial reporting purposes than for income tax purposes. These timing differences are due primarily to recognizing contract revenue based on the percentage of completion method of accounting for financial statement purposes whereas the completed contract method is utilized for tax purposes. Deferred tax expense for the year ended December 31, 2005 was $7,751 $ $ $ $ 50,304 228,817 14,128 453,887 33,184 780,320 (549.595) 230.725 19,920 697 919 374 8.000 29.910 Note 4. Retirement Plan The Company has a simple IRA plan which the company funds at the rate of 3% maximum of compensation per annum for eligible employees. All full time employees are eligible. Employer contributions are immediately vested. Total employer contribution expense, IRA plan for the period ended December 31,2005 was $ 15,128. Note 5. Operating lease The Company leases office space on a month to month basis. Note 6. Long Term Debt The Company maintains various note payables, which are secured by the vehicles and equipment associated with the liability of the Company, as follows: Monthly Loan Rate Total note payable Principal & interest Note Payable 0.00% 32,307 950 Note Payable 4.90% 22,525 586 Note Payable 4.90% 44,912 1,141 Note Payable 4.90% 55,535 2,434 Note Payable 3.90% 14.793 448 Total $ 17QfQ72 $ 5.559 As of December 31, 2005 the principal payments due on these notes in each of the next five years are as follows: 2006 $ 61,194 2007 63,638 2008 33,986 2009 11,254 2010 0 Thereafter Q Total $ 170.072 Note 7. Related Party Transactions The Company leases land and building space on a month to month basis for use as the Company's general offices from an officer and shareholder of the Company. For the year ended December 31,2005, the lease expense was $49,464. Additionally the Company borrowed monies from a related party of $7,255; this amount is due and payable as of December 31, 2006. The company also lent money to a related party in the amount of $59,000. This amount is due and payable as of December 31, 2006. Note 8. Concentration of Credit Risk The Company maintains cash balances with a commercial financial institution. Management performs periodic evaluations of the relative credit standing of this institution. The Company has not sustained any material credit losses relating to these cash balances The Company's customers are in various industries and are dispersed southern California. As of December 31, 2005 and for the period then ended, three customers accounted for 38 %, 22%, and 15% of sales, and the three customers accounted for 41%, 40% and 10% of accounts receivable, respectively. The Company maintains ongoing credit evaluations of its customers and provides an allowance for estimated credit losses. For the period ended December 31,2005 such credit losses were minimal. Note 9. Litigation The company was in legal arbitration with a customer involving the collection of an accounts receivable in the amount of $202,750. In the current year the company was awarded $564,692 in a settlement related to this legal manner in which $202,750 was applied to the accounts receivable and $363,942 was recorded as other revenue. BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed 2004 •?nm 9nn4 :>nm Name and Address of the Employer San Dieao Unified School District 4860 Ruffner St. San Diego, CA 92111 Alnino 1 lnir»n Q/~hr\r\l nicfrirt 1^9^ Arlminicl-rat-inn Way Alpine. CA 91901 Qan Plionn 1 InififsH Pnrt nictrirt 31fi5 Parifir Hwy. San Dieao. CA 92101 City nf c;an Dipgn Engineering 8. Capital Projects 1010 2nd Ave.. Ste 500 San Diego, CA 92101 Name and Phone No. of Person to Contract Doug Jacobson (619} 571-2684 Pob Tumor (fiiQ) 44^-^2^^ r^onnio I— Ilia (fi1Q) fififi-779Q «;ally Amp7rna (R*R\ fi77-^Pnn Type of Work Erosion control and landscape improvements at Bell Jr. High School ^onf^tri ifHon nf soccflr/b3sflt}3ll fjojr)^ at- "|nan MarHnppn MiHHIP c;rhnnl Q I • r _. _1 rr\r*\s ro\/oirnonh clrvnoc at locations throughout San Dieao Bav rnnct-riirHnn nf Capehart Oppn Space Park Amount of Contract $ ?fi<; 9Rq nn •I- A m noo r\r\ <f dfi-^ ^-^fi nn P4 of RH BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: Comprehensive General Liability Automobile Liability Workers Compensation Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance 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. CERTIFICATE OF LIABILITY INSURANCE OP ID MS VALCOA1 10/23/06 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. S-— Diego CA 92121 Ae:858-452-2200 Fax:858-452-6004 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 NAIC# INSURED INSURER A:Scottsdale Insurance Company INSURER B:American Economy Insurance Co. Valley Coast Construction,3388 Channel WaySan Diego CA 92110 Inc INSURER C: INSURER D: INSURER E: COVERAGES MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR" LTR A B B KDDTNSRC X X TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE [ X [ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: | POLICY [X~l JECT I LOC AUTOMOBILE LIABILITY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY | OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER Equipment Floater POLICY NUMBER BCS0012420 02CE130177-01 24CC121739-01 POLICY EFFECTIVEDATE (MM/DD/YY) 03/01/06 03/01/06 03/01/06 POLICY EXPIRATIONDATE (MM/DD/YY) 03/01/07 03/01/07 03/01/07 LIMITS EACH OCCURRENCE UAMAlat ] U KtIN 1 tU PREMISES (Ea occurence) MED EXP (Any one parson) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGQ EACH OCCURRENCE AGGREGATE WC 5TATU- OTH-TORY LIMITS ER E. LEACH ACCIDENT E.L. DISEASE - EA EMPLOYEE EL. DISEASE - POLICY LIMIT $1,000,000 $100,000 $ EXCLUDED $1,000,000 $2,000,000 $2,000,000 $1,000,000 $ $ $ $ $ $ $ $ $ $ $ s $ $ Rent/Leas $200,000 Ded $500 *EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT .CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES OR VOLUNTEERS ARE NAMED ADDITIONAL INSURED PER CG2037 CG2033 0704, PRIMARY, W/RESPECT TO GENERAL LIABILITY & CA71100905 W/RESPECTS TO AUTO LIABILITY. RE: EROSION REPAIRS & DRAINAGE IMPROVEMENTS @ LEO CARRILLO RANCH-REBID, BID#PWS07-03REC PROJECT#45011 . CERTIFICATE HOLDER CANCELLATION CITYCAR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR. CARLSBAD CA 92008-7314 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL WMBMMMM MAIL 30* DAYS WRITTEN .. AUTHORIZED REPRESENTATIVE ^~ ~rT-r' ©ACORD CORPORATION 1988 POLICY NUMBER: BCS0012420 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing,' approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: BCS0012420 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIQNS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES OR VOLUNTEERS Location And Description Of Completed Operations EROSION REPAIRS & DRAINAGE IMPROVEMENTS @ LEO CARRILLO RANCH-REBID, BID#PWS07-03 REC, PROJECT/M5011 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 SCOTTSDALE INSURANCE COMPANY8 ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER BCS0012420 ENDORSEMENT EFFECTIVE DATE (12:01 STANDARD TIME) 03/01/06 NAMED INSURED Valley Coast Construction, Inc. AGENT NO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: (CG2037 07/04) ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS (CG2033 07/04) ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU -The insurance provided by these endorsements shall be primary. UTS-3g (3-92) Safeco Insurance NAMED INSURED: VALLEY COAST CONSTRUCTION, INC. EFFECTIVE: 03/01/2006-03/01/2007 COMMERCIAL AUTO CA71 100905 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO - PHYSICAL DAMAGE COVERAGE Under paragraph C. - CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 - COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION II - LIABILITY COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE - A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 CA 71 10 09 05 1 of 5 Safeco and the Safeco logo are registered trademarks of Safeco Corporation EP (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. FELLOW EMPLOYEE COVERAGE - EXECUTIVE OFFICERS Exclusion 5. FELLOW EMPLOYEE of SECTION II - LIABILITY COVERAGE - B. EXCLUSIONS is amended by the addition of the following: This exclusion does not apply to liability incurred by your employees that are executive officers. PHYSICAL DAMAGE - ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. EXTRA EXPENSE - BROADENED COVERAGE Paragraph A. - COVERAGE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. - EXCLUSIONS of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. LEASE GAP COVERAGE Under paragraph C - LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: 4. The most we will pay for a total "loss" in any one "accident" is the greater of the following, subject to a $1,500 maximum limit: a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR - WAIVER OF DEDUCTIBLE Under paragraph D. - DEDUCTIBLE of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, Page 2 of 5 SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS - B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. RESULTANT MENTAL ANGUISH COVERAGE SECTION V - DEFINITIONS - C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow of the private passenger or light truck (10,000 Ibs. or less gross vehicle weight) type, subject to the following limit. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, de- ductible and excess provisions, we will provide cov- erage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger or light truck type. HIRED AUTO PHYSICAL DAMAGE COVERAGE - LOSS OF USE SECTION III - PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. This coverage applies only to a covered "auto" of the private passenger or light truck (10,000 Ibs. or less gross vehicle weight) type. B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto." Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. D. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. E. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. F. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. G. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on CA 71 10 09 05 Page 3 of 5 EP Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equip- ment is permanently installed in the covered "auto"; and b. permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss." 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 3. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, Page 4 of 5 return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as "insureds" under Section II - LIABILITY COVERAGE - A.1.D. BROAD FORM NAMED INSURED and A.1.6. BLANKET ADDITIONAL INSURED. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered "loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered "loss", without applying a deductible. B. SECTION V - DEFINITIONS is amended by ad- ding the following: Q. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. CA 71 10 09 05 Page 5 of 5 EP A*yxxr*fc<H WCI\ 1 iriWM 1 C UP LIMDIL.I 1 T INOUfVMINUC 10/06/2006 PRODUCER (559)650-3555 FAX (559)650-3558 Landscape Contractors (Lic#0755906) Insurance Services, Inc. 1835 N. Fine Avenue •^resno, , CA 93727 JURED Valley Coast Landscape Construction (a Corp) DBA: Valley Coast Construction 3388 Channel Way San Diego, CA 92110 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 INSURER A Clarendon National Insurance, CO INSURER B: INSURER C INSURER D: INSURER E NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JADD'L LTR SNSRC A TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | | OCCUR GEN'L AGGREGATE LIMIT APPLIES PER | POLICY | | SECT | | LOG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANf AUTO EXCESS/UMBRELLA LIABILITY j OCCUR | | CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICES/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below OTHER POLICY NUMBER POLICY EFFECTIVEDATE (MMIDD/YY) i N0040075000 03/01/2006 POLICY EXPIRATIONDATE (MM/DD/YY) 03/01/2007 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA. ACC AGG EACH OCCURRENCE AGGREGATE V I WCSTATU- *• 1 TORY LIMITS !OTH- 1 ER EL. EACH ACCIDENT EL DISEASE - EA EMPLOYEE EL. DISEASE -POLICY LIMIT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,000,000 $ 1,000,000 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES ( EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS*E: Leo Carrillo Ranch Historic Park Bid #PW507-03REC Erosion Repairs & Drainage Improvements Re-Bid Contract #45011 10; 10'2006 Waiver of Subi'ogation Attached, ***Waiver of Subrogation has been ordered*** «TE **10 day notice of cancellation will be given for non-payment of premiums or non-reporting of payroll** CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /^ - _/OsrYurC<r<e~ Amy Cole, CISR/NANETT <^ ACORD 25 (2001/08)©ACORD CORPORATION 1988 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? XX yes no 2) If yes, what was/were, the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: fringt-nirl-ion (name of Contractor) By: s (sign here) Stan Lattiirore. Treasurer (print name/title) Page of.pages of this Re Debarment form Revised 10/08/03 Mo BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? XX yes no 2) Has the suspension or revocation of your contractors license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? XX yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? XX yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page / of / pages of this Disclosure of Discipline form 6) BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC 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. 'A (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Vallciv Crast- fmigl-mrt-i nn (name of Contractor) (sign here) Tal-t-irTv-n-o Trga can-pi" (print name/title) Page 1 of.pages of this Disclosure of Discipline form NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC State of California ) )88. County of ) 131-t-itTr.rp _ , being first duly sworn, deposes . (Name of Bidder) and says that he or she is Treasurer (Title) of Valley Coast Construction (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the °llh _ day of September _ , 20 06 . "Signature of Bidder Subscribed and sworn to before me on the Q-fk day of September 20 (NOTARY SEAL). Signature of Notary S VSSKJ^ San BV Com"*f ^StJ^ My Comm. Eipfret July20,2008 f O^ - t City of Carlsbad Public Works \W&Mjf* .*MMfc," „ ' X.f *> »*"! ***>"•••*• September 13, 2006 ADDENDUM NO. 1 **Jft \ * ^ RE: EROSION REPAIRS AND DRAINAGE IMPROVEMENTS AT LEO CARRILLO RANCH-REBID f v BID NO. PWS07-03REC, CONTRACT NO. 45011 ^ Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. j <* '^^ This addendum—receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. , :- ,4.x,.; KEVIN DAVIS Buyer Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 'Bidder's Signature 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-273O • F~AX (760) 6O2-8562 ADDENDUM NO. 1 EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID AS PART OF CONTRACT NO. 45011 BID NO. PWS07-03REC City of Carlsbad Carlsbad, California SEPTEMBER 13, 2006 City of Carlsbad Recreation - Park Development 1200 Carlsbad Village Dr. Carlsbad, CA 92008 * Project Number 38561-A 1. 1.1. lliz Ketabian, Park Planner PART 1- GENERAL THE FOLLOWING REVISIONS AND/OR CLARIFICATIONS SHALL BE MADE TO THE BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS. REVISE AND AMEND THE DOCUMENTS FOR THE ABOVE NAMED PROJECT IN ACCORDANCE WITH THIS ADDENDUM. THE BID SHALL REFLECT THESE ADDENDUM CHANGES AND ADDITIONAL INFORMATION. EACH BIDDER SHALL MAKE REFERENCE IN THEIR BID TO THIS ADDENDUM. CONTRACTORS PROPOSAL FORM ( Begins on Page 9 of Contract Booklet) Work Item No, 10 - New 10" PVC Pipe- (page 11 of Contract Booklet) Contractor shall also include under this work item, potholing as necessary to protect and to verify locations of existing utilities and irrigation lines as needed to determine final placement of new 10" PVC (SDR35) pipe location as shown on Sheet 8 of plans. Additional information on irrigation main line locations and electrical lines is attached herein as Exhibit "A" and Exhibit "B" for bidding purposes only. See also Section 5 of the Supplemental Provisions, Item 5-1. * Work Item No. 12 -New and Existing Catch Basin Work- (page 11 of Contract ' Booklet) Also include under this work item all additional labor, equipment, and materials to adjust the existing Type G modified Catch Basin as shown on Sheet 9 of Plans including the removal of the top of existing Type G Catch Basin and to lower the grate elevation by 8". Work Item No. 13- Restoration of Existing 18" RCP Pipe Outfall Ar^a (page 11 of Contract Booklet) Also include under this work item the removal of the existing Palm tree (shorts-tree) at the 18" RCP pipe outfall location of the stream bank as shown on SheetJ Reconstruct rock rip rap area with 3 C.Y. of 6-12" supplemental rock rip rap stated on Sheet 9 of Plans, not 5 C.Y. of 8-12'" rip rap as stated in contract booklet. Work Item No. 18 - Polypavement Application Method (page 12 of Contract Booklet) , I All Polypavement Work shall be in accordance Application Method No. 1 as stated on Plans, not as Application Method No. 2 as stated on re-Bid Scheduled -v ,«>•"•** )" SHEET 6- Plans-Clarification: Grades near Hacienda- Provide minimurrt 2% grade as shown on attached Exhibit "C" for work in area near Hacienda and rock dissipater area. -t^s^-iA? - 1.2 ALL BIDDING REQUIREMENTS AND CONTRACT DOCUMENTS SHALL APPLY TO THIS ADDENDUM AS ORIGINALY INDICATED IN THE APPLICABLE PORTIONS OF THE CONTRACT DOCUMENTS, UNLESS OTHERWISE MODIFIED BY THIS ADDENDUM. " ' \ ITO RESTORE / c> llNSTAa 12'-18* DIA. ROCKl TO RECONSTRUCTlIDISSIPATOR AREA! [REMbVE 6"/AVG. BfEPTtiIFKIES. RESTORE /STREAM N. [NEEDED/TO PERFORM WQRK, CONTRACT PUBLIC WORKS j« s^fj This agreement is made this (A day of by and between the City of Carlsbad, California, a munreipal corporation, (hereinafter called and VALLEY COAST CONSTRUCTION INC. whose principal place of business is 3388 CHANNEL WAY SAN DIEGO CA 92110 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC (hereinafter called "project") The scope of work includes but is not limited to the following: Minor grading to redirect water to minimize erosion, provide supplemental stabilized decomposed granite and application of stabilizing materials (Polypavement) to areas shown on plans and in accordance with specifications. Install additional drainage structures, such as stone French drainage systems, drainage pipe and catch basins to collect water run-off, removal of accumulated decomposed granite materials from existing drainage structures and stream areas as shown on the plans and specifications. 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for A•^ Revised 10/08/03 Contract No. 45011 Page 30 of 80 Public Works Construction (SSPWC),2003 Edition, and all current supplements 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. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. Revised 10/08/03 Contract No. 45011 Page 31 of 80 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 expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. Revised 10/08/03 Contract No. 45011 Page 32 of 80 (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. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. Revised 10/08/03 Contract No. 45011 Page 33 of 80 (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue anqkfurisdiction for resolution of any disputes between the parties arising out of this agreement is Sail $egp County, California. I have read and understand all provisions of Section 11 above. 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. Revised 10/08/03 Contract No. 45011 Page 34 of 80 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. Additional Provisions. Any additional provisions of this agreement are set forth in the16. "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR:I corporation of VSrC^Vallpv CVwst- r/mst-nirl-irin Tnr (sign here) David Koeberle, President (print name and title) wXtW 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 By: Deputy City Attorney Revised 10/08/03 Contract No. 45011 Page 35 of 80 ALL-PURPOSE ACKNOWLEDGMENT State of California County of . On }ss. (DATE) personally appeared _ before me, _ \j\d •[\6eM?./M ?_, MM, known to me - OR - MAY HOFFMAN Comn. 11502612 MNOTARY PUBLIC-CALIFORNIA UI San Diego County My Comm. f ' (NOTARY) SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: TITLE OR TYPE OF DOCUMENT G, NUMBER OF PAGES hti(DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Countvof Oav\ \) On ' /<2'-5T/OC (DATE) personally appeared ,ea<i(J Slavs I /// // f/before me. /t7/^/! fi T r r ^^-^ I ' l (NOTARY) personally known to me - OR - MAY HOFFMAN j> , Coffin. 11502612 JS3 NOTARY PUBLIC-CALIFORNIA Wl / San D!MO Comly " MyCoinni.E»pfMJul»20.200»y proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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. HY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER 0 f L G XI If Q TITLE OR TYPE OF DOCUMENl TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: X' NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA5/99 VALLEY-SIERRA, 800-362-3369 BOND NO. C06729 PREMIUM: $2,765.00 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to VALLEY COAST CONSTRUCTION INC. (hereinafter designated as the "Principal"), a Contract for: EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, VALLEYCOAST CONSTRUCTION INC. as Principal, (hereinafter designated as the "Contractor"), and CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Ninety Two Thousand Eighteen Dollars ($192,018.00), 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 truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. 45011 Page 36 of 80 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 day of , 20_ CONTRACTOR: VALLEY COAST CONSTRUCTION, INC. (name of Contractor) By: "^ (sign here) Executed by SURETY this Of OCTOBER 2VTH .day .2006 SURETY: CONTRACTORS BONDING AND INSURANCE COMPANY (name of Surety) 111 PACIFICA. SUITE 350 IRVINE, CA 92618 (address of Surety) 9*9-341-9110 Int name here) of Valley Coast Construction. Inc. By:_ By: (telephone-number of Surety) organization of signatory) (sign here) David Koeberle (print name here) (signature of Attorney-in-Fact) TARA BACON, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) President of Vallpy O-ia.qt n-m.q1-nir1-irvn Tr^r, (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: _ Deputy City Attorney Revised 10/08/03 Contract No. 45011 Page 37 of 80 ALL-PURPOSE ACKNOWLEDGMENT State of California County of o gv^ V* g i On L! (DATE) personally appeared V.,Jpsl personally known to me ss. before me, - OR - MAY HOFFMAN CommJ 1502612 NOTARY PUBLIC-CALIFORNIASan Diego Coi My Comm. Expires July v\ TARY)(NOTAR SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT Lybflr INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: TITLE OR TYPE OF DOCUMENT a NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA5/99 VALLEY-SIERRA, 800-362-3369 ALL-PURPOSE ACKNOWLEDGMENT State of California 0 9.A 0 iCounty of On (DATE) personally appeared _ ersonally known to me 1ss. before me, U/H'.maf (NOTARY) - OR - MAY HOFFMAN CommJ 1502612 ,ftNOTARY PUBLIC-CALIFORNIA UJ San Diego County M>Conmi.EipiresJulyai,2llMt SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER / TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 ACKNOWLEDGMENT State of California County of San Diego On OCTOBER 24,2006 before me,Maria Hallmark, Notary Public (here insert name and title of the officer) personally appeared Tara Bacon personally known to me (or proved to me on tho basis of satisfactory evidence) to be the person(s} whose name(s) is/afe subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(tes), and that by his/her/thetf 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 MARIA HALLMARK COMM. #1508244 o NOTARY PUBLIC-CALIFORNIA W SAN DIEGO. COUNTY QMy Commission Expires . AUGUST 17 2008 | (Seal) BONDS ^M JVtine LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Executed On or After:MARCH 31S5, 2007 Power of Attorney Number: 9900,00 READ CAREFULLY - to be used only with the bond specified herein Only an unaltered original of this Power of Attorney document is valid. A valid original of this document is printed on gray security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company"). The original document contains a watermark with the letters "ebic" embedded in the paper rather than printed upon it. TJie watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond is of the type indicated below. This document is valid only if the bond is executed on or before the date indicated above. 1/ff KNOW ALL MEN BY "THESE PRESENTS, that the Company does hereby snake, constitute and appoint the following: JACK <3. LUPIEN, DALE G. HARSHAW, TARA BACON and GEOS-FREY SHBLTON its true and lawful Attorney<s)-in-Fast, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company: (1> any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney-in-Pact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the Board of Directors of the Company. ---.--, --—.-, ,«.„__„«„-, - - — -- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect Bond Number CD6729 Signed and sealed this 2»TH day Of OCTOBER 2006 R. Kirk Eland, Secretary CBIC • 1213 Valley Street • P.O. Box 92? i * Seattle, WA 98109-6271 (206) 622-7053 * (800) 765-CBIC (Toll Free) » (800) 950-1558 (FAX) PoaLPOA.07-US051104 BOND NO. CD6729 PREMIUM: $2,765.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has awarded to VALLEY COAST CONSTRUCTION INC. (hereinafter designated as the "Principal"), a Contract for: EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE VALLEY COAST CONSTRUCTION INC. as Principal, (hereinafter designated as the "Contractor"), and CONTRACTORS BONDING AND INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred Ninety Two Thousand Eighteen Dollars ($192,018.00), 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 truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the fece amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 10/08/03 Contract No. 45011 Page 38 of 80 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 _ day of , 20_ CONTRACTOR: VALLEY COAST CONSTRUCTION, INC. (name of Contractor) By: (sign here) (print nan)e here) Treasurer ofVarlpv Coast Construction, Inc. (Title ar)d Organization of Signatory) i(sign here) David Koeberle (print name here) President of Valley Coast Construction, Inc. (Title and Organization of signatory) Executed by SURETY this 2nm day of OCTOBER , 20J>§ SURETY: CONTRACTORS BONDING AND INSURANCE COMPANY (name of Surety) 111 PACIFICA, SUITE 350 -HWINE. CA 92618 (address of Surety) 949-341-9110 (telephone number of Surety) (LI & signature of Attorney-in-Fact) TARA BACON, ATTORNEY-IN-FACT (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (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: Deputy City Attorney Revised 10/08/03 Contract No. 45011 Page 39 of 80 ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5 an T)Jggi On I ss. (DATE) personally appeared J> 1AV\ before me personally known to me - OR - MAY HOFFMAN CommJ 1502612NOTARY PUBLIC-CALIFORNIA San Diego County My Con , MM ' ((NOTARY) SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT k INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: lUKJt .TITLE OR TYPE OF DOCUMENT 5 NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5av\ personally known to me MAY HOFFMAN i CommJ 1502612 WARY PUBLIC-CALIFORNIA 7 San Oisjo County .V,y Comm. E»pil9lJ>ily20,2l)M t ss. On (Cif<?.5 ld(fl (DATE) personally appeared before me, / TW.A tottWu I/(OSIA flftff-fnaA \ (NOTARY) - OR - SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(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. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT iduOjYPE OF DO INDIVIDUAL CORPORATE OFFICER . TITLE (5R TYPE OF DOCUMENT TITLE(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) RIGHT THUMBPRINT OF SIGNER APA5/99 VALLEY-SIERRA. 800-362-3369 ACKNOWLEDGMENT State of California County of San Diego On OCTOBER 24,2006 before me,Maria Hallmark, Notary Public (here insert name and title of the officer) personally appeared Tara Bacon personally known to me (or proved to mo on tho baoio of satisfactory ovidonoo) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ws/her/tbe+f authorized capacity{tes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person^©) acted, executed the instrument. WITNESS my hand and official seal Signature AlA)\{ MARIA HALLMARKCOMM. #1508244 A NOTARY PUBLIC-CALIFORNIA OT L SAN DIEGO COUNTY QMy Commission Expires "* AUGUST 17, 2008 \ (Seal) BONDS ^M ffdue LIMITED POWER OF ATTORNEY Not Valid for Bonds Executed On or After:MARCH 31ST, 2007 Power of Attorney Number: ssoioi wk READ CAREFULLY - to be used only with the bond specified herein Only an unaltered original of this Power of Attorney document is vaiid. A valid original of this document is printed on gray security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company"). The original document contains a watermark with the letters "chic" embedded in the paper rather than printed upon it The watermark appears in the blank space beneath the words "Limited Power of Attorney** at the top of the document and is visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond i& of the type indicated below. This document is valid only if the bond is executed on or before the date indicated above. KNOW ALL HEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the following: JACK G. MJPIEN, DALE G. HARSHAW, TARA BACON and (SEOFFREY SHELDON its true and lawful Attorney(s}-i»-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company: (1* any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the Board of Directors of the Company.---- .-«-— >__„__.,».,,_ ,-.-_». -,„..__»._ ,, CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are mow in full force and effect. t Bond Number CD6729 Signed and sealed this_2»TH day of OCTOBER 2006 R. Kirk Eland, Secretary CBIC • 1213 Valley Street * P.O. Box 9271 » Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) • (800) 950-1558 (FAX) PoaLPOA#7-USOS1104 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for: EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC 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. Revised 10/08/03 Contract No. 45011 Page 40 of 80 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 Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name Signature. Address _ For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No. 45011 Page 41 of 80 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature Address _ MAYOR For Contractor:Title Name Signature. Address For Escrow Agent:Title Name Signature Address Revised 10/08/03 Contract No. 45011 Page 42 of 80 SUPPLEMENTAL PROVISIONS FOR EROSION REPAIRS AND DRAINAGE IMPROVEMENTS RE-BID CONTRACT NO. 45011 LEO CARRILLO RANCH HISTORIC PARK BID NO. PWS07- 03REC SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. Revised 10/08/03 Contract No. 45011 Page 43 of 80 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Principal Inspector - the Senior Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Project Manager/Engineer - the Park Planner of the City of Carlsbad or his/her approved representative. Senior Inspector - the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Revised 10/08/03 Contract No. 45011 Page 44 of 80 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building band Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio DG Decomposed Granite E Electric G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LCWD Leucadia County Water District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit Distrct OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawing SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. Revised 10/08/03 Contract No. 45011 Page 45 of 80 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and all current supplements, 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 9 sheets of Drawings. The reference to "standard drawings" used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated as 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. Copies of some of the pertinent standard drawings are enclosed as an appendice to these Supplemental Provisions. Revised 10/08/03 Contract No. 45011 Page 46 of 80 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Re submittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: Revised 10/08/03 Contract No. 45011 Page 47 of 80 Add the following: 2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the various bid items and no additional payment will be made therefor. 2-9 SURVEYING 2-9.1 Permanent Survey Markers, Delete sections 2-9.1 and replace with the following: The Contractor shall not cover or disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor or a registered civil engineer authorized to practice land surveying within the State of California, hereinafter Surveyor, to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by the Surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Surveyor shall file corner record(s) as required by §§ 8772 and 8773, et seq. of the California Business and Professions Code. When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade within 7 days of paving unless the Engineer shall approve otherwise. Monument frames and covers shall be protected during street sealing or painting projects or be cleaned to the satisfaction of the Engineer. 2-9.2 Survey Service, Delete sections 2-9.2 and replace with the following: The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Add the following section: 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. Supporting data shall include all maps, affidavits, plats, field notes from earlier surveys and all other evidence used by the Surveyor to determine the location of the monuments set. The field notes and calculations will be labled with name of the Surveyor, the party chief, field crew members and preparer of the field notes or calculations. They shall be annotated with the date of observation or calculation, be numbered with consecutive page numbers and shall be readable without resort to any electronic aid, computer program or documentation for any computer program. The field notes shall be prepared in conformance with the CALTRANS "Surveys Manual". The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Revised 10/08/03 Contract No. 45011 Page 48 of 80 Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property corners and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. The record of survey shall show the location and justification of location of all permanent monuments set and their relation to the street right-of-way. Record(s) of Survey(s) shall be submitted for the Engineer's review and approval before submittal to the County Surveyor and before submittal to the County Recorder. Add the following section: 2-9.2.2 Survey Requirements, Stakes shall be set at offsets approved by the Engineer at no greater intervals than specified in TABLE 2-9.2.2(A) as measured along the project stationing. Stakes shall be set to show the location and grade of future curbs adjacent to traffic signal locations where the curb is not being built as a part of this contract. Staking and marking shall be completed by the Surveyor and inspected and approved by the Engineer before the start of construction in the area marked. Centerline monument shall have the disk stamped with the date the monument was set and the registration number of the Surveyor. Habitat mitigation sites and other areas to be preserved that are shown on the plans shall be staked and flagged prior to the start of any other activities within the limits of the work. When curb and gutter does not exist and is not being installed as a part of the project the location of adjacent facilities being constructed as a part of the contract the Contractor shall place stakes defining the horizontal and vertical location of such adjacent utility vaults, poles or other facilities that are being installed as parts of, or adjunct to, the project either by the Contractor and/or those noted on the plans as to be installed by others. TABLE 2-9.2.2(A) Survey Requirements for Construction Staking Feature Staked Final Grade (includes top of: Basement soil, subbase and base) Drainage Structures, Pipes & similar Facilities®, ® Minor Structure <D Miscellaneous ® Channels, Dikes & Ditches ® Subsurface Drains (D Stake Description © RP + Marker Stake, Blue- top in grading area RP + Marker Stake RP + Marker Stake + Line Stake RP + Marker Stake RP + Marker Stake Centerline or Parallel to Centerline Spacing0, <E> s 15 m (50') on tangents & curves when R> 300m (1000') & < 7.5m (25') on curves when RS 300m (1000') intervisible & < 7.5m (25'), beginning and end, BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities (except plumbing), Skewed cut-off lines for catch basins: at centeriine of box, ends of box & wings & at each end of the local depression © intervisible & < 30 m (100'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities intervisible & < 15m (50'), BC & EC of facilities, Grade breaks, Alignment breaks, Junctions, Inlets & similar facilities, Risers & similar facilities Lateral Spacing 0), ® <6.7 m (22') as appropriate as appropriate as appropriate as appropriate Setting Tolerance (Within) 10 mm (V) Horizontal & 7 mm (V) Vertical 10 mm (V) Horizontal & 7 mm (V4") Vertical 10 mm (V) Horizontal & 7 mm C/4") Vertical (when vertical data needed) 30 mm (0.1 ') Horizontal & 7 mm (1/4") Vertical 30 mm (0.1 ') Horizontal & 7 mm (1/4") Vertical Revised 10/08/03 Contract No. 45011 Page 49 of 80 (D Staking for feature may be omitted when adjacent marker stakes reference the offset and elevation of those features and the accuracy requirements of the RP meet the requirements for the feature © Reference points shall be sufficiently durable and set securely enough to survive with accuracy intact throughout the installation & inspection of the features or adjacent facilities for which they provide control. RP means reference point for the purposes of this table ® Perpendicular to centerline. ® Some features are not necessarily parallel to centerline but are referenced thereto © Multi-plane surfaced features shall be staked so as to provide line & grade information for each plane of the feature ® > means greater than, or equal to, the number following the symbol. < means less than, or equal to, the number fol- lowing the symbol. © The cut datum for storm drainage & sanitary sewer pipes & similar structures shall be their invert. The cut datum for all other utilities shall be the top of their pipe or conduit. All guard stakes, line stakes and lath shall be flagged. Unless otherwise approved by the Engineer flagging, paint and marking cards shall be the color specified in TABLE 2-9.2.2(6) TABLE 2-9.2.2(8) Survey Stake Color Code for Construction Staking Type of Stake Horizontal Control Vertical Control Grading Description Coordinated control points, control lines, control reference points, centerline, alignments, etc. Bench marks Slope, intermediate slope, abutment fill, rough grade, contour grading, final grade, etc. Color* White/Red White/Orange Yellow Flagging and marking cards, if used. Add the following section: 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.3.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made therefore. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees therefore, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made therefore. 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. Revised 10/08/03 Contract No. 45011 Page 50 of 80 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. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures ..15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 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 they are disturbed shall constitute a waiver of all claims in connection therewith. Revised 10/08/03 Contract No. 45011 Page 51 of 80 The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. 'The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Senior Inspector 3. Principal Inspector 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. Revised 10/08/03 Contract No. 45011 Page 52 of 80 The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 Revised 10/08/03 Contract No. 45011 Page 53 of 80 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)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Revised 10/08/03 Contract No. 45011 Page 54 of 80 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. Revised 10/08/03 Contract No. 45011 Page 55 of 80 Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the 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. 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. 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 10_calendar days after receipt of the "Notice to Proceed". Revised 10/08/03 Contract No. 45011 Page 56 of 80 Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Reconstruction 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: 6-1.1.1 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 be on hard (paper) copy and electronic media conforming to section 6- 1.3.3 Electronic Media. Add the following section: 6-1.1 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. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes all materials, labor and equipment to perform minor site grading to redirect water to minimize erosion, provide supplemental stabilized decomposed granite and application of stabilizing materials (Polypavement) to areas shown on plans and in accordance with specifications. Install additional drainage structures, such as cobble swales, drainage pipe and catch basins to collect water run-of, removal of a ccumulated decomposed granite materials from existing drainage structures and existing stream as shown on the plans and as specified herein. Work shall be performed in a phased manner over the site to allow for the least public disruption to public access to the park site. Order of work will be identified at the Pre Construction meeting. Add the following section: 6-2.2 Weekend Work. Weekend work shall not be performed by the Contractor due to the park remaining open to the public and the various activities which often take place. The Contractor shall secure the work area in an orderly, safe and clean condition so as not to interfere with the public safety or week-end activities. Coordination with the Recreation Area Manager as needed to ensure that the construction site is secured in a manner that will not jeopardize normal park operations, shall be considered part of the normal construction activities associated with the project and no additional compensation for such coordination shall be provided to Contractor. Add the following section: 6-2.3 Project Meetings. The Project Manager will establish the time and location of bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor or 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. Revised 10/08/03 Contract No. 45011 Page 57 of 80 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Project Manager 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 Project Manager, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 90 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise apprpved in writing by the Engineer, the hours of work shall be between the hours of 7:30 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Project Manager 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 Project Manager 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. 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 One Thousand Dollars ($1.000.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that ($1,000.00) 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. Revised 10/08/03 Contract No. 45011 Page 58 of 80 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the 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. 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 any and 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 Project Manager 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 may be required 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 Project Manager may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 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. oRevised 10/08/03 Contract No. 45011 Page 59 of 80 7-10 PUBLIC CONVENIENCE AND SAFETY. Insert the following before the last paragraph: 7-10.1 Traffic and Access. The contractor shall schedule the work so as to prevent inconvenience to the park users outside of the immediate area of the grading operations. The Contractor shall not schedule work so as to conflict with park staff schedules or use by the public for the delivery of materials and/or equipment associated with the work. Signage indicating which areas, walkways and paths shall be closed due to construction operations shall be provided by the contractor at no additional cost to the City and shall be considered inclusive in the submitted bid. Coordination for temporary closures and sequencing of work will be addressed at the pre construction meeting. Areas where work is not being performed shall remain accessible during normal park hours and free of materials and equipment associated with the project. All materials and equipment shall be stored, secured and maintained within the project work limits at a designated location agreeable with the Park Maintenance Supervisor and Park Manager or off site at the contractor's premises. Add the following section: 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees and the public on the project site 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. 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 open trenches, stockpiled materials, tools, and equipment associated with the work being performed. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract SECTION 8 - FACILITIES FOR AGENCY PERSONNEL Does not apply to this contract SECTION 9 - MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" Revised 10/08/03 Contract No. 45011 Page 60 of 80 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Project Manager 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 completed work, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Project Manager shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Project Manager 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 Project Manager, 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 Project Manager 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 Project Manager 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 Project Manager 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 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 Project Manager to ascertain the basis and amount of said disputed items. The Project Manager 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 to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. Revised 10/08/03 Contract No. 45011 Page 61 of 80 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 Project Manager to ascertain the basis and amount of said claims. The Project Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/03 Contract No. 45011 Page 62 of 80 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Decomposed Granite materials shall be in accordance with specifications per attached Appendix B, Specifications for Stabilized Decomposed Granite Using Poly pavement Soil Stabilizer Applications. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(6). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(6). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm (1 V2") 19-mm(V) 12.5-mm(V2") 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-fjm (no. 200) Percen Type A — — 100 95-100 70-100 0-55 0-10 0-3 tage Passing Type 6 100 95-100 50-100— 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(8) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm(1") 19-mm(°/4") 9.5-mm C78") 4.75-mm (No. 4) 2.36-mm (No. 8) 600-//m (No. 30) 300-//m (No. 50) 75-//m (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 Revised 10/08/03 Contract No. 45011 Page 63 of 80 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE TABLE 201-1.1.2(A) Modify as follows: TABLE 201-1.1.2(A)(3) PORTLAND CEMENT CONCRETE Type of Construction All Concrete Used Within the Right-of-Way Trench Backfill Slurry Street Light Foundations and Survey Monuments Traffic Signal Foundations Concreted-Rock Erosion Protection Concrete Class 330-C-23 (560-C-3250) (1) 115-E-3 (190-E-400) 330-C-23 (560-C-3250) 350-C-27 (590-C-3750) 310-C-17 (520-C-2500P) Maximum Slump mm (Inches) (2) 200 (8") 100 (4") 100 (4") per Table 300-1 1.3.1 (1) Except that concrete required to be of higher strength by Table 201-1.1.2(A) SSPWC shall be as per Table 201 -1.1.2(A) SSPWC. (2) As per Table 201-1.1.2(A) SSPWC. (3) Portions of Table 201-1.1.2(A) of the Standard Specifications for Public Works Construction not shown herein as changed are not affected by this table. 201-1.2.4 Chemical Admixtures, (e) Air-entraining Admixtures. Substitute the following: The air content shall not deviate from the percentage specified or permitted by more than 1-1/2 percentage points. The air content of freshly mixed concrete will be determined by California Test Method No. 504. SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Table 213-2.1 (A) Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (% Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 ka (1/4 Ton) Plant Protection Covering Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N Revised 10/08/03 Contract No. 45011 Page 64 of 80 Application of Geotextile Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (1 0') Post Spacing Erosion Control Fence with 1.8 m (61) Post Spacing and No Wire Fencing Type Designation 90WS 200WS 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 IDS) of 19 mm (3/4") crushed rock and securely tied closed. Plastic bags are not acceptable. Revised 10/08/03 Contract No. 45011 Page 65 of 80 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefor shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing street poles and lights, metal guard rail, fences, asphalt concrete and aggregate base, concrete curb and gutter, concrete sidewalk, existing gate, existing headwalls, rip-rap, traffic signs, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. Existing underground pipes and conduits that are shown on the plans and designated to be removed shall be removed by the Contractor as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be included in the contract base bid for Clearing and Grubbing, and no additional payment will be made. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project to a location within the site as approved by the City Project Manager and the Parks Superintendent. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. Revised 10/08/03 Contract No. 45011 Page 66 of 80 300-2.8 Measurement, delete the second paragraph relating to materials removed from stockpiles and add the following: Unclassified Excavation shall be measured based on the volume it occupies in its original position before excavating. The measurement shall be from the original ground contours after clearing and grubbing and the bottom of areas of excavation to the design elevations shown on the plans or actual ground contours existing in borrow sites after excavation or those for removal and recompaction of alluvial and colluvial materials or those for materials excavated to improve the stability of cuts, whichever is lower in elevation. No excavated material which is re-excavated will be measured for payment. Materials excavated or otherwise removed as all or part of any other bid item shall not be measured as Unclassified Excavation. 300-2.9 Payment substitute the following: Payment for Unclassified Excavation shall be included in the base bid in the proposal. Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress payments, the quantity of unclassified excavation shall be estimated by the Engineer. The Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. Payment for Unclassified Excavation shall include costs of surveying, staking, preparation of earthwork quantity reports, placement, compaction, soil remediation, moisture adjustment and water therefor, rework of compressible soils, slope rounding, grading, stockpiling, access road, temporary detour roads, earthen swales and drainage channels as shown on the drawings or required by the contract documents. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.11) of the grades shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 SSPWC. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment. Add the following: Dewatering shall be paid for as an incidental unclassified excavation and no additional compensation will be made therefor. Except for unsuitable materials removed as part of the clearing and grubbing item unsuitable material encountered below grade will be paid for at the unit price bid for unclassified excavation. 300-4 UNCLASSIFIED FILL 300-4.2 Preparation of Fill Areas, add the following: Except as provided in section 300-4.7, "Compaction", areas proposed for improvements all fill (including backfill and scarified ground surfaces) shall be compacted by the Contractor to no less than 90 percent of maximum dry density as determined in accordance with ASTM Test Procedure D1557-91. Revised 10/08/03 Contract No. 45011 Page 67 of 80 300-4.5 Placing Materials for Fills, add the following: The Contractor shall break rock encountered in the excavation into particles of less than 75 mm (3"). Particles with dimensions greater than 75 mm (3") shall be uniformly distributed over the area to be filled so that construction equipment can be operated in such a manner that the larger pieces will be broken into smaller particles and become incorporated with the other materials in the layer. This requirement for particle size reduction does not apply to cobbles, small boulders, and small hard rocks found within the surface soils and formational materials. Rocks having any dimension greater than 460mm (18") shall not be incorporated into the fill. Rock exceeding 150 mm (6") in diameter shall not be placed in the upper 900 mm (31) of any fill. When there are large quantities of rock to be placed in the fill, rocks shall not be nested, but shall be spread with sufficient room between them so that intervening voids can be adequately filled with fine material to form a dense, compact mass. Oversize material which cannot be utilized for erosion mitigation or landscaping onsite shall be broken to acceptable sizes or removed from the site by the Contractor. If disposed of within the City of Carlsbad, a separate grading permit will be required for disposal of rock. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557-91. 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefor. 300-5 BORROW EXCAVATION. Add the following section: 300-5.2.1 Imported Borrow Properties. The Contractor shall provide imported borrow that is clean well graded soil consisting of material conforming to all of the requirements in Table 300-5.2.1 (A) and the following requirements. Rock included in the top 1 m (3') of imported borrow shall be particles of less than 75 mm (3"). Rock included below the top 1 m (3') of imported borrow shall be particles of less than 150 mm (6"). TABLE 300-5.2.1 (A) IMPORTED BORROW PROPERTIES Tests R-Value Expansion Index Plasticity Index Sieve Analysis Test Method No. Calif. 301 UBC Standard 18-2 ASTM D 424 ASTM D 422 Requirements 40 Min. 10 Max. 4 Max. Percent Passing 75u, (No. 200) 15 Max. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Revised 10/08/03 Contract No. 45011 Page 68 of 80 Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the "Stormwater Best Management Practice Handbook, Construction", January 2003 edition, as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practice Handbook, Construction", January 2003 edition on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures . These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid, and no additional compensation will be allowed therefor. 300-11 STONEWORK FOR EROSION CONTROL. 300-11.4 Payment, delete and replace as follows: Rock protection will be paid for at the lump sum contract Price Bid for rock protection, complete and in place, in accordance with the details and requirements of the plans and specifications. Revised 10/08/03 Contract No. 45011 Page 69 of 80 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. SECTION 303 CONCRETE AND MASONRY CONSTRUCTION. 303-1 CONCRETE STRUCTURES 303-1.6.2 Falsework Design, add the following: The Contractor shall provide all temporary bracing necessary to withstand all imposed loads during erection, construction, and removal of any falsework. The Contractor shall provide falsework drawings and calculations prepared by a registered professional engineer, civil or structural, that show provisions for resolution of all loads that may be imposed upon the falsework. Such plans and calculations shall include: 1. Resolution of all live, dead, wind, construction and impact loads that may be imposed on the falsework. 2. Temporary bracing or methods to be used during each phase of erection and removal of the falsework. 3. Concrete placement sequence. 4. Erection and removal sequence. 5. Deflection values for the falsework that include recommended methods to compensate for falsework deflections, vertical alignment, and anticipated falsework deflection. 303-2 AIR-PLACED CONCRETE. 303-2.1.1 General, add the following: Modify Regional Standard Drawing D-75 as follows: replace stucco netting with 150mm x 150mm (6" x 6") by No. 10 by No. 10 welded wire mesh. Add the following section: Revised 10/08/03 Contract No. 45011 Page 70 of 80 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 230 mm x 75 mm (9" x 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 compaction except that in the top 300 mm (12") of the street right-of-way, compaction shall be 95 percent. Revised 10/08/03 Contract No. 45011 Page 71 of 80 CSI FORMAT SPECIFICATIONS Revised 10/08/03 Contract No. 45011 Page 72 of 80 SECTION 03100 CONCRETE FORMWORK PART 1 GENERAL 1.01 GENERAL CONDITIONS: A. The General Conditions, and Special Conditions, are a part of this section and the contract for this work and apply to this work and apply to this section as fully as if repeated herein. 1.02 SUMMARY: A. This section covers the furnishing and installing and removing of forms for cast-in- place concrete work as shown and noted on the drawings and as specified. PART 2 PRODUCTS 2.01 MATERIALS: A. Forms for Exposed Concrete: Form concrete surfaces which will not be exposed in the finished structure with plywood, lumber, metal or other acceptable material. 1. Lumber shall be standard or better grade Douglas fir, in accordance with WCLIB "Standard Grading Rules 1981' or WWPA "Western Lumber Grading Rules 80". Boards shall be surfaced on at least 2 edges and one side for a tight fit. B. Form Coating: Non-grain raising and non-staining type that will not leave residual matter on surface of concrete or adversely affect proper bonding of subsequent application of other material applied to concrete surface. Coatings containing mineral oils or other non- drying ingredients will not be permitted. PART 3 EXECUTION 3.01 DESIGN OF FORMWORK: A. The engineering and construction of all formwork, shoring, and bracing shall be carried out by and under the direction of the Contractor, and he shall be held responsible for the engineering, construction, maintenance, and safety of all formwork during the entire construction period. 3.02 CONSTRUCTION: A. Earth Forms: Earth forms may be used for footing only where the soil is firm and stable and the concrete will not be exposed to view. Where earth forms are to be used, excavations shall be cut neat and accurately to size for placing of concrete directly against the excavation. Construct wood edge strips at each side of trench at top to secure reinforcing and prevent trench from sloughing. Earth forms shall be tamped firm and cleaned of all debris and loose material before depositing concrete. Revised 10/08/03 Contract No. 45011 Page 73 of 80 B. Wood Forms: Construct forms of sound material to the correct shape and dimensions, mortar tight, and of sufficient strength, and so braced and tied together that the movement of men, equipment, materials, or placing and vibrating the concrete will not throw them out of exact shape under all imposed loads. They shall be so constructed that they may be easily removed without damage to the concrete. Before concrete is placed in forms, the horizontal and vertical position of the form shall be carefully verified and all inaccuracies corrected. All wedging and bracing shall be completed in advance of placing of concrete. C. Framing bracing, supporting members, and centering shall be of ample size and strength to safely carry, without deflection, all dead and live loads to which forms may be subjected, and shall be spaced sufficiently close to prevent any bulging or sagging of forms. Concrete out of line, level, or plumb will be cause for rejection of the whole work affected. D. Form Ties: Ties shall be of sufficient strength and used in sufficient quantities to prevent spreading of the forms. Ties shall be placed at least 1" away from the finished surface of the concrete. E. Joints: Construction joints, isolation joints, shrinkage control joints, saw-cut joints and expansion joints shall be installed as needed and as approved. Location of construction joints, shall be coordinated with and are viewed in advance of concrete pouring. F. Coating of Forms: Thoroughly clean forms and coat with specified form coating before each use. Do not reuse any form for exposed work which cannot be reconditioned to "like new " condition. Apply form coating to all forms in accordance with the manufacturer's specifications. G. Inspection: Prior to placing of concrete, and after placement of reinforcing provide notification so that proper inspection can be made. Such notification shall be made at least 2 working days in advance of placing concrete. H. Rejection of Defective Work: Any movement or bellying of forms during construction or variations in excess of the tolerances specified will be considered just cause for the removal of such forms and in addition, the concrete work so affected. Reconstruction of forms, new concrete and any required reinforcing steel shall be furnished at no additional cost to the Owner. 3.03 REMOVAL OF FORMS: A. Formwork for concrete may be removed as soon as the concrete has hardened sufficiently to resist damage from removal operations, but not sooner than 24 hours after placing concrete. B. When shores and other vertical supports are so arranged that the form facing material may be removed without loosening or disturbing the shores and supports, the facing material may be removed at an earlier age as specified or permitted. C. Use softwood wedges to release form faces from concrete. Do not pry with metal tool. D. Clean-up and remove all formwork and related materials from the site. *** End of Section *** Revised 10/08/03 Contract No. 45011 Page 74 of 80 SECTION 03200 CONCRETE REINFORCEMENT PART 1 GENERAL 1.01 GENERAL CONDITIONS: A. The General Conditions, and Special Conditions, are a part of this section and the contract for this work and apply to this work and apply to this section as fully as if repeated herein. 1.02 SUMMARY: A. This section covers the furnishing and installing of reinforcing steel for cast-in-place concrete work as shown and noted on the drawings and as specified. 1.03 CODES: A. Except as modified by the requirements specified herein and /or the details on the drawings, concrete reinforcing work shall conform to the "Uniform Building Code" (UBC), Chapter 26, "Concrete". 1.04 REFERENCES: A. The editions of the specifications and standards referenced herein, published by the following organizations, apply to the work only to the extent specified by the reference: 1. American Concrete Institute (ACI). 2. American Society for Testing and Materials (ASTM). 3. Concrete Reinforcing Steel Institute (CRSI). 4. American Welding Society (AWS). 1.05 DELIVERY AND STORAGE: A. Delivery: Reinforcing steel shall be transported to the site, stored and covered in a manner which will insure that no damage shall occur to it from moisture, dirt, grease, or any other cause that might impair bond to concrete. A sufficient supply of approved reinforcing steel shall be stored on the site at all times to insure that there will be no delay of the work. 1.06 COORDINATION: A. Contractor shall check drawings for any items which are required to be cast in concrete and shall make necessary provisions as required so that reinforcing steel will not interfere with the placement of such embedded items. Revised 10/08/03 Contract No. 45011 Page 75 of 80 PART 2 PRODUCTS 2.01 MATERIALS: A. Reinforcing Bars: New, deformed, billet steel bars, conforming to ASTM A 615-84. Deliver bars new and free from rust and mill scale in original bundles with mill tags intact. B. Welded Wire Fabric: New welded steel wire fabric, conforming to ASTM A 185-79. Gauge and center-to-center spacing shall be as indicated in drawings. C. Accessories: Reinforcement accessories, consisting of spacers, chairs, ties, and similar items shall be provided as required for spacing, assembling, and supporting reinforcement in place. Accessories shall be galvanized steel or approved plastic accessories, conforming to the applicable requirements of the CRSI Standards hereinbefore specified. D. Tie Wire: Tie wire for reinforcement shall be #16 gauge or heavier, where noted or specified, black or galvanized steel wire, conforming to ASTM A 82-79. PART 3 EXECUTION 3.01 PLACING: A. General: Reinforcing steel shall be placed in accordance with the drawings and the applicable requirements of the "Codes and Standards" hereinbefore specified. Install reinforcement accurately and secure against movement, particularly under the weight of workmen and the placement of concrete. B. Welded Wire Fabric: Wire fabric shall be in as long lengths as practicable and shall be wired at all laps and splices. Laps shall be one full spacing of the cross wires plus 2" at splices. Welded wire fabric shall be supplied in flat sheets. C. Cleaning: Reinforcement, at time of pour, shall be free of coatings that would impair bond to concrete. 3.02 TESTING AND INSPECTION: A. Contractor shall provide notification at least 2 working days ahead of each concrete pour, and no concrete shall be placed until all reinforcing steel has been installed by the Contractor and approved. All reinforcing shall be complete in every way prior to concrete placing. 3.03 DEFECTIVE WORK: A. The following reinforcing steel work will be considered defective and shall be removed and replaced by the Contractor at no additional cost to the Owner 1. Bars with kinks or bends not shown on drawings. 2. Bars injured due to bending or straightening. 3. Bars heated for bending. 4. Reinforcement not placed in accordance with the drawings or specifications. 3.04 CLEAN-UP: A. Remove all excess reinforcing materials and debris from site at completion of work. ***END OF SECTION*** Revised 10/08/03 Contract No. 45011 Page 76 of 80 SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.01 GENERAL CONDITIONS: A. The General Conditions and Special Conditions are a part of this section and the contract for this work and apply to this work and apply to this section as fully as if repeated herein. 1.02 SUMMARY: A. The work includes the furnishing and installing of cast-in-place concrete work as indicated and specified herein. 1.03 REFERENCES: A. Except as modified by the requirements specified herein or as indicated, work shall conform to the applicable provisions of the following codes and standards: 1. Uniform Building Code, Chapter 26, Concrete. 2. American Concrete Institute: ACI 301-81 Structural Concrete for Buildings. ACI 318-77 Building Code Requirements for Reinforced Concrete. 3. American Society for Testing and Materials (ASTM): Specifications and standards referred to herein. 1.04 SUBMITTALS: A. Product Date: Submit manufacturer's product data with application and installation instructions for proprietary materials and items, such as admixtures, curing materials, joint systems. PART 2 - PRODUCTS 2.01. MATERIALS: A. Portland Cement: ASTM C 150-81, Type I or II. Type II cement shall meet the strength requirements of Type I cement. Use only one brand of cement on the project. B. Normal Weight Aggregate: ASTM C 88-81. Provide aggregate from a single source for exposed concrete. 1. Fine Aggregate: Grade from 1/4 inch to fine. Revised 10/08/03 Contract No. 45011 Page 77 of 80 2. Course Aggregate: Grade from 1/4 inch to maximum size specified for each use. C. Water: Clean and potable, free of impurities detrimental to concrete. D. Curing Materials: 1. Waterproof Paper and Polyethylene Film: ASTM C 171-69 (1980). 2. Burlap: Federal Specification CCC-C-467B. E. Curing Compound: ASTM C 309-81, Type 1-D, liquid membrane forming, compatible with finishes scheduled to be applied thereto. Res-x: The Burke Company Hydrocide Curing Compound: Sonneborn Building Products F. Color-conditioning admixtures: Meet requirements of ASTM C 494. 2.02 MIX DESIGNS: A. Obtain any pay for design of concrete mixers, including recommended amounts of water to be used in the mixes, from a recognized independent testing laboratory. Incorporate concrete into the improvements of the minimum strengths specified. 2.03 CONCRETE STRENGTHS AND PROPORTIONS: A. Provide concrete with the minimum compressive strengths at 28 days as shown on details and plans. B. The exact proportions of the mix, including amounts of admixture (if any) and water, will be determined by the Testing Laboratory or batch plant based on cement and aggregate submitted by the Contractor. 2.04 MIXING: A. Use ready-mixed concrete mixed and delivered in accordance with the requirements of ASTM C 94-81, and U.B.C. Standard No. 26-13. In the event concrete is mixed at a central batching plant, arrange delivery so intervals between batches area kept at a minimum, and in any event not more than 30 minutes. Do not add water during transit or at the Project Site without the Architect's approval. Place concrete within 90 minutes after cement has been mixed with aggregate and 45 minutes after addition of water and admixtures. Revised 10/08/03 Contract No. 45011 Page 78 of 80 PART 3 - EXECUTION 3.01 CONVEYING AND PLACING CONCRETE: A. Notification: Notify the Owner Representative or Project Engineer at least three working days in advance of the placing of any concrete. B. Soil bottoms for footings and slabs shall be approved before placing concrete. C. Forms: Before placing concrete inspect forms. Remove wood chips, dirt other objectionable materials. Remove temporary bracing and cleats, box openings for pipes, other devices, secure forms in correct position and make tight, secure reinforcement, anchors, and embedded items in place. Remove set and dry concrete from forms or reinforcement, clean forms and wash off before proceeding. Remove water and foreign matter from forms and excavations. D. Pre-soak subgrade in all expansive soil areas prior to pouring operation and sprinkle semiporous subgrades sufficiently to eliminate suction. E. Handling and Depositing: 1. Complete concreting, once started, in a continuous operation until the section of approved size and shape is completed. 2. Handle as rapidly as practicable from the mixer to place of final deposit by methods which prevent the separation or loss of ingredients. Deposit as neatly as practicable, in its final position to avoid rehandling or flowing. 3. Do not drop concrete freely where reinforcing will cause segregation, no more than four feet. Deposit concrete to maintain a plastic surface approximately horizontal. 4. Do not deposit concrete that has partially hardened in the work. F. Vibrating and Compacting: 1. Consolidate and compact concrete by suitable means during the operation of placing and depositing, and thoroughly work around reinforcement, embedded items, and in to the concerns of the forms. Spade concrete against forms. Use internal vibrators, and keep out of the contact with reinforcement and wood forms. Do not use vibrators in a manner that forces mortar between individual form members. 2. Vibrate close to the forms but do not continue at one spot to the extent that large areas of grout are formed or heavier aggregates are caused to settle. Take care not to disturb concrete which has its initial set. 3.02 JOINTS: A. Construction Joints: Provide construction joints in accordance with Standard Regional Drawings and as shown on details. Locate joints not indicated to least impair strength, appearance of the improvement, acceptable to the Engineer. Revised 10/08/03 Contract No. 45011 Page 79 of 80 3.03 TEMPERATURE REQUIREMENTS: A. Hot weather Requirements: Maximum placing temperature of concrete, when deposited, shall be 80 degrees F. If the weather causes the placing temperature to exceed 80 degrees F., cool the mix by wetting aggregate or other appropriate method approved by the Landscape Architect. 3.04 PATCHING: A. Immediately after stripping forms, patch minor defects, form-tie holes, honely-combed areas, before concrete is thoroughly dry. Remove ledges and bulges. Repair gravel pockets by cutting out to solid surface, form key, and thoroughly wet before placing patching mortar. Use patching mortar consisting of one part cement to two parts fine sand; compact into place and neatly finish to match surface. Grind or fill surfaces to produce level, true planes. 3.05 CONCRETE FINISHES: A. All concrete finishes shall be in accordance with San Diego Regional Standards or where not specified, a smooth hand rubbed finish shall be acceptable. 3.06 PROTECTION AND CURING: A. Protect concrete from injurious action of the elements and defacement during construction operations. B. Keep concrete in a thoroughly moist condition from the time it is placed until it has cured for at least seven days. C. Keep forms sufficiently wet to prevent drying out of the concrete. D. Carefully protect exposed concrete comers from traffic or use which will damage them in any way. 3.07 CLEAN-UP: A. Do not allow any concrete spill or waste on planting areas. B. Remove all concrete debris and spill from all planting areas, leaving the area clean and free of all noxious materials. ***END OF SECTION*** Revised 10/08/03 Contract No. 45011 Page 80 of 80 APPENDIX "A" San Diego Area Regional Standard Drawings This drawing is NOT in conformonce with latest UBC and should be used with care and judgment 914mm (3'-0") 1,52m 4-#13 (#4) around pipe #13 (#4) 0 305mm Slope floor 12:1 (awards outlet.ELEVATION NOTES 1. See Standard Drawing D-11 for additional notes and details. 2. When V exceeds 1.22m (4f), steps shall be installed. See Standard Drawing D-11 for details. 3. Maintain 38mm (1-1/2") clear spacing between reinforcing and surface. 4. Increase in allowable depth subject to approval by Agency. 5. Section A-A shows 3 sizes and shall not imply that an interior wall is to be built for the structures with with double or triple frame and grate. 6. Exposed edges of concrete shall be rounded with radius of 13mm (1/2"). 7. Designate types as follows: Single G-1. Double G-2 and Triple G-3. 8. Only end bearing grates shall be used. See Std. Drawing D-15. 152mm (6") 152mm (12 ) 152mm (12") 889mm (2'-11 ) single •For frame and grate details, seedwgs. D-13. D-15. Rounded pipe endsSee drawing D-61 Elev shown on plans LEGEND ON PLANS SECTION A-A SAN DIEGO ^^ OMMITTEE ^^B 3IOUZ003 Revision ORIGINAL Add Metric By Approved Kercheval T. Stanton Date 12/75 03/03 SAN DIEGO REGIONAL STANDARD DRAWING CATCH BASIN - TYPE G RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Chairperson R.C.E. 19246 Date DRAWING NUMBER D-8 This drawing is NOT in conformonce with latest UBC and should be used with care and judgment. T r 1 c 01 r Vertical reinforcing #13 (#4) © 457mm (18") max. for horizontal reinforcing, see table on page D-11B. —38mm 1(-1/2") Clearance. Typ. J r 3 J 13mm (2") Typicol— | TYPICAL BOX SECTION 254mm (10") 102mm (4 356mm (14") 19mm (3/4") dia. steel- bars, hot dipped galvanized STEP DETAIL NOTES 1. Concrete shall be 332kg/M3-C-22-Mpo (560-C-3250) unless otherwise noted. 2. Reinforcing steel shall comply with this drawing unless otherwise specified. 3. Reinforcing steel shall be intermediate grade deformed bars conforming to latest ASTM specifications. 4. Bends shall be in accordance with latest ACI code. 5. Minimum splice length for reinforcing shall be 30 diameters. 6. Floor shall have a wood trowel finish and, except where used as junction boxes, shall have a minimum slope of 1 inch per foot toward the outlet. 7. Depth V is measured from the top of the structure to the flowline of the box. 8. Wall thickness and reinforcing steel required may be decreased in accordance with table above. 9. Wall thickness shall be stepped on the outside of the box. 10. When the structure depth V exceeds 4 feet, steps shall be cast into the wall at 381mm (15") intervals from 381mm (15") above floor to within 305MM (12) inches of top of structure. Where possible place steps in wall without pipe opening, otherwise over opening of smallest diameter. 11. Alternate step may be an approved steel reinforced polypropylene step. 12. Upon approval of the Agency and the Engineer, as defined by Section 6703 of the Business and Professions Code, the use of precasl storm structures is acceptable as on alternate to cast-in-ploce. Precast units shall conform to ASTM standards and be manufactured in a permanent facility designed for that purpose. L Revision "ORIGINAL Add Metric By Approved Kerchevol T. Stonton Date 12/75 03/03 SAN DIEGO REGIONAL STANDARD DRAWING INLETS AND CLEANOUTS NOTES AND DETAILS RECOMMENDED BY THE SAN OIEGO REGIONAL STANDARDS COMMITTEE ^ JpjffiSjilW 3IOIIZ003 Chairperson R.C.E. 19246 Date DRAWING n 1 1 A NUMBER U M A _l C4 E E This drawing is NOT in conformance with latest UBC and should be used with care and judgment. Oi ii ii i LJ ni ii ii i 102MM (4") (4") X 76mm (3") X 6.35mm (1/4") ^4.76mm (3/16") \ i ii i LJ ni i a S V 1.05m (3'-5 3/8") |76mm(3' PLAN 4.76mm (3/16") 13mm (1/2") Dia. Anchors 51mm (2") NOTE; SECTION A-A Hot dip galvanize oil ports after fabrication. Revision ORIGINAL Add Metric By Approved Kercheval T. Stanton Dale 12/75 03/03 SAN DIEGO REGIONAL STANDARD DRAWING WELDED STEEL GRATE FRAME ' RECOMMENDED BY THE SAN DIEGO A REGIONAL STANDARDS COMMITTEE • •^ht^Ll^-f-^r i^ Jpffi&*<.tff*J SlOtlSOOS Chairperson R.C.E. 19246 Date DRAWING n 1 -7 NUMBER U ' J This drawing >, 00 in _l E Eo0ID is ]_ r oo\r^ ; • I "ID E S 1 Et E CM •* L t 9.53mm0 (3/8' 64mm (1/2") x 9.53mm (3/8")/ End Bors ' NOTES 1 . Hot dip g< 2. Dimensions 3. Weight: 64 4. Not to be Revision By ORIGINAL Add Metric Approved Kerchevol T. Stanton NOT in conformonce with latest UBC and should be used with care and judgment. I .o4m 1 02n"im «•>< r- T _* /-»/«-> »» ^ \ i~*5_5/8") ,.-v / — 9.53mm0 (3/8 0) Bar 3Sffi =— — = == ===== _ ===== HHI-H/, = , _ / ---- .- , - , B-* 6.35mm (1/4") bars ' 1.02m (3'-4") — — — / 1 / // ~t A s- 63. 5mm (2 1/2")x / .. 9.53mm (3/8") End Bars - 4 7fimm (~*i /^ K"} flllai weld outside bar & every 3rd terminal bar. PLAN 3.20mm 0) Bar — i y> y \ J u r- o §> -. '01 | ; ,.\; ' r / 't *t * / ' 63.5mm (2-1/2") — / x 9.53mm (3/8") End BorsSECTION A SECTION B Dlvanize all parts after fabrication. 5 to centerline of bars unless otherwise noted, kg (141) pounds, used in pedestrian areas. 9AN nirno RFninN^ 12/75 03/03 DRAINAGE ST XL STANDARD DRAWING RUCTURE GRATE f ' t e RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE ^ J0p!#£^O 3IOIIZ003 ClrSirpefson R.C.E. 19246 Date DRAWING n. 1 r NUMBER U-ID This drawing is NOT in conformance with latest UBC and should be used with care and judgment /.19mm(3/4") Chamfer J9mm(3/4") Chamfer. FRONT ELEVATION SINGLE HEADWALL E roOcxl -I -2 (254mm(1') Min) FRONT ELEVATION DOUBLE HEADWALL Rounded Pipe Ends See dwg. D-6 191mm(7 1/2")—j 191mm(7 1/2") 305mm (2-0") SECTION, SINGLE & DOUBLE HEADWALLS D 305mm(12") 381mm(15") 457mm(18") 533mm(21"j 610mm(24 ) 686mm(27") 762mm(30") 838mm(33") 914mm(36"£ 991mm(39") 1.02m (42') 1.14m (45") 1.22m (48") 1.30m (51"L 1.37m (54") H 813mm(2'-8" 889mm(2'-ir) 965mm(3'-2' 1.04m (3'-5" 1.12m 1.19m (3-8" (3-11 1.27m (4-2" 1.35m (4'-5" 1.42m 1.50m 1.57m 1.65m 1.73m 1.80m 1.88m (4-8") (4-11 (5-2") (5-5') (5-8") (5-11 (6-2") SINGLE L 1.52m (5'-0"]_ 1.83m (6'-0") 2.13m (7-0") 2.29m (7-6") 2.59m (8'-6") 2.90m (9'-6") 3.05m IIO'-O1! 3.35m (11'-0") 3.65m (12'-0") 3.81m (12'-6") 4.11m (13'-6") 4.42m (14'-6") 4.57ml15'-0"l 4.88m (le'-O"! 5.18m (17'-0") Steelkg Lbs. 15.9 (35) 18.1 (40) 22.7 (501 27.2 (60) 34.0 (751 38.6 (851 38.6 (85) 45.4 (100) 47.6 (105) 59.0 (130J 63.5 (140) 68.0 (150) 72.6 (160) 81.6 (180) 86.2 (190) Concrete cu m C.Y. 0.46 10.60) 0.57 J0.75L 0.70 (0.91) 0.78 (1.02) 0.92 (1.20) 1.06 (1.39) 1.16 0-52) 1.32 11.73) 1.49 1L95)_ 1.60 12.09) 1.79 J2.34L 1.99 12.60J 2.10 12.75] 2.32 13.03L 2.53 (3.31) DOUBLE L 2.44m (8'-0") 2.90m (9-6") 3.20m (10'-6") 3.51m (11 '-6") 3.81m (12-6") 4.27m (14'-0"L 4.57m (15'-0") 4.88m (16'-0") 5.18m (17-0") 5.49m (18'-0") 5.79m (19'-0") 6.10m (20'-0") 6.40m (21 -0") 6.86m (22'-6") 7.16m (23'-6") Steel kg Lbs. 22.7 (50) 27.2 (60) 34.0 (75) 40.8 (90) 45.4 (100) 52.2 (115)_ 57.2 (126) 59.0 (130) 65.8 (145) 77.1 J170) 84.0 (185) 88.5 1195) 90.7 1200) 102 _[225)_ 109 (240) NOTES 1. Concrete shall be 332 kg/M3-C-22Mpa (560-C-3250) 2. All reinforcing shall be |13(#4) bars. All vertical and horizontal tie bars @ 457mm(18") maximum spacing. Revision fcpRIGINAL *dd Metric By Approved Kerchevol T. Stonton Date 12/75 03/03 SAN DIEGO REGIONAL STANDARD DRAWING STRAIGHT HEADWALL - TYPE A [CIRCULAR PIPE] Concretecu m C.Y. 0.72 (0.94) 0.89 (1.17) 1.03 (1.35) 1.16 (1.52J 1.32 (1.72) 1.53 (2.00) 1.69 (2.21) 1.85 (2.42) 2.03 (2.65) 2.20 (2.88) 2.39 (3.13) 2.58 (3.38) 2.78 (3.64) 3.07 (4.02) 3.29 (4.30) LEGEND ON PLANSnU 1 RECOMMENDED BY THE SAN DIEGO Jj REGIONAL STANDARDS COMMITTEE fl ^ J$%33S^<f*) 3IOHSO03 1 CrrtJirperson R.C.E. 19246 Date DRAWING NUMBER n ~^nU JU ii This drawing is NOT in conformance with latest UBC and should be used with core and judgment. 2D OR 2 W (min.) Endwoll (typical) r— 152mm (6 ) Wide Slot PLAN Concrete Channel 1/2D min. 3 (min.) SECTION B-B D = Pipe Diameter W = Bottom Width of Channel .5T (min.) (#4) Bors Flow -Filter Blanket Sill, Class ,.. 249kg/MJ-C-13Mpa (420-C-2000) Concrete SECTION A-A NOTES 1. Plans shall specify: A) Rock Class and thickness (T). B) Filter material, number of layers and thickness. 2. Rip rap shall be either quarry stone or broken concrete (if shown on the plans.) Cobbles are not acceptable. 3. Rip rap shall be placed over filter blanket which may be either granular material or filter fabric. 4. See Regional Supplement Amendments for selection of rip rap and filter blanket. 5. Rip rap energy dissipators shll be designated as either Type 1 or Type 2. Type 1 shall be with concrete sill; Type 2 shall be without sill. Revision ' ORIGINAL Add Metric By Approved Kerchevol 12/75 T. Stonton Dote 03/03 SAN DIEGO REGIONAL STANDARD DRAWING RIP RAP ENERGY DJSSIPATOR RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 3IOIIS003 airperson R.C.E. 19246 Dote DRAWNG NUMBER D-40 This drawing is NOT in conformance with latest UBC and should be used with care and judgment. 305mm (12 ) max. Invert Elevation 102mm (4") Clearance 19mm (3/4") Crushed Roc SECTION NOTES 1. For trenching on improved streets see Standard Drawing G-24 or G-25 for resurfacing details. 2. (*) indicates minimum relative compaction. Revision ORIGINAL Add Metric By Approved Parkinson T. Stanton Date 2/95 03/03 SAN DIEGO REGIONAL STANDARD DRAWING PIPE BEDDING AND TRENCH BACKFILL FOR STORM DRAINS RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE 310112003 Chairperson R.C.E. 19246 Dote DRAWING NUMBER D-60 This drawing Is NOT in conformonce with latest UBC and should be used with core and judgment. Face of drainage structure Face of drainage structure Face of drainage structure Concrete pipe BELL END SPIGOT END CUT END R = Thickness of pipe Face of drainage structure Corrugated steel pipe NOTE The rounded areas may be built up of cement mortar or poured in place with the drainage structure. CUT END R = Inside diameter of pipe 10 SAN DIEGO REGIONAL STANDARD DRAWING ROUNDED PIPE ENDS DRAINAGE. STRUCTURES RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE Chairperson R.C.E. 19246 Dote DRAWING NUMBER D-61 APPENDIX "B" Stabilized Decomposed Granite Material Specifications& Poly pavement Soil Stabilizer Application Specifications SPECIFICATION FOR STABILIZED DECOMPOSED GRANITE MATERIALS POLYPAVE INSTALLATIONS 1. General. Decomposed Granite Pavement as indicated herein this section shall consist of a thoroughly pre-blended mixture (before placement) of Decomposed Granite Materials (fines) and Binder ("stabilizer"), that is, when reacted with water and compacted in place, creates a Stabilized Decomposed Granite Pavement surface. A. Material Data. Submit all available product data and manufacturing sources for each type of material and product listed herein to the Engineer. All product data shall also include source, Manufacturer's and Distributor's name, address, and telephone numbers. Submit the following: 1. Decomposed Granite Material. 2. Polypavement Soil Stabilizer B. Samples. Submit five (5) physical samples of each surfacing material and/or system herein to the Engineer or Project Representative. Submit samples of Decomposed Granite Material for approval to ensure color will be compatible with the Project. Each sample shall be clearly labeled in reseal able 1-gallon bags, and in a sufficiently large quantity (one (1) pound minimum per bag) that clearly illustrate the functional characteristics and full range of color and texture of the material. C. Sieve Analysis. Submit sieve analysis of each type of Decomposed Granite material to ensure it meets the proper grading requirements. Sieve analysis and coloring of the Decomposed Granite Material shall be approved, in writing, by the Engineer or Project Representative, before any material is delivered to the Project Site. D. Quality Assurance and Control. Installer-provide evidence to indicate successful experience (3 years minimum or 3 previous similar type installations) in providing decomposed granite or crushed 3/8" or %" minus aggregate paving containing Stabilizer binder additive. E. Single- Source Limitations. Obtain each color, type, and/or variety of the Decomposed Granite Material from a single source with resources to provide products and materials of consistent quality in appearance and physical properties without delaying the Work. F. Field Constructed Mock-Ups. Accepted Mock-Ups are a prerequisite to commencing Work under this section. Prior to the installation of any Work as Indicated herein, the Contractor shall erect Field-Constructed Mock-Ups of stabilized decomposed granite pavement to verify selections made under the Submittals Article and the to demonstrate aesthetic effects as well as qualities of materials and execution. Build Field Constructed Mock-Ups to comply with the following requirements, using materials and some base construction including special features for surface finish and compaction. Locate Field-Constructed Mock-Ups in a location and of the size indicated or, if not indicated on plans, as directed by the Engineer or Project Representative. Notify the Engineer, in writing, at least on (1) week in advance of the dates and times when Field-Constructed Mock-Ups will be erected. Demonstrate quality and range of aesthetic effects and workmanship in the Field- Constructed Mock-Ups that will be produced in the final unit of Work. Obtain the Engineer's acceptance of the Field-Constructed Mock-Ups, in writing, before the start of Work. Each Field-Constructed Mock-Up shall measure six (10') feet wide and ten 10') feet long, and at the equal thickness of the Decomposed Granite Pavement as indicated in the Contract Drawings and as provided herein, to compare the aesthetics of material colors, textures, and finishes. Retain and maintain all Field-Constructed Mock-Ups during construction in an undisturbed condition. The Accepted Field-Constructed Mock-Ups shall be the standard for judging the completed work under this section. When the Engineer determines that a Field-Constructed Mock-Up does not meet requirements, retain it for reference and create another Field-Constructed Mock- Up until the Field-Constructed Mock-Up is accepted by the Engineer. When directed by the Engineer, the Contractor shall demolish and remove Field- Constructed Mock-Up samples from the Project Site. I. Substitutions. Any pavement to be considered equal to the Decomposed Granite Pavement indicated herein this section shall be reviewed by the Engineer. Decomposed Granite Pavement with equal use characteristics produced by other Manufactures and/or Distributors may be considered, providing deviations in dimensional size, color, composition, operation, and/or other characteristics do not change the design concept, aesthetic appearance, or intended performance, as solely judged by the Engineer. The burden of proof on product equality is on the Contractor. Substitutions will not be allowed until after award of contract and all bidding and all bids shall be submitted based upon the Polypavement soil stabilizer installation as specified herein. 2. PRODUCTS A. Decomposed Granite Material. Clean, hard, durable particles or fragments of VA minus select crushed granite, river rock, or basalt. Material fines shall -be evenly mixed throughout the aggregate. When produced from gravel, fifty percent (50%) by weight of the material retained on a No. 4 sieve shall have (1) fractured surface. The portion retained on the No. 4 sieve shall have a maximum percentage of wear of 50 at 500 revolutions as determined by AASHTO T96-77. The portion passing a No. 4 sieve shall have a maximum liquid limit of 25 and a maximum plasticity index of 7 as determined by AASHTO T89-81 and AASHTO 90-81 respectively. The Decomposed Granite Material shall be free from clay lumps, or any other deleterious material. Grading Requirements: Percentage of Weight Passing a Square Mesh Sieve AASHTO T11-82 and T27-82 Sieve Size 3/8" No. 4 No. 8 No. 16 Percentage Passing 100% 95-100% 75-80% 55-65% Sieve Size No. 30 No. 50 No. 100 No. 200 Percent Passing 40-50% 25-35% 20-25% 5-15% B. Stabilizer Binder: Material: "Polypavement", Stabilizer Solutions, Inc., 205 South 28th St.. Phoenix, AZ 85034, (800) -336-2468, or approved equal. Supplier: KRC Rock, 315 E Carmel St. San Marcos, CA 92069, 800-427-0572. Application Rate: Per Manufacturer's written recommendations. Minimum application rate of 12 Ibs./ton. 3. EXECUTION - Per Manufacturers Recommendations. See Specifications. Repairs and Protection- Remove and replace stabilized decomposed granite paving that is damaged, defective or does not meet requirements of this section in accordance with the manufacturer's instructions. 3. WARRANTY- Contractor shall warranty product installation and performance for 1 year after installation, barring any damages due to vandalism or owner negligence. ***END SECTION*** SPECIFICATIONS AND APPLICATION METHODS FOR POLYPAVEMENT SOIL SOLIDFYING EMULSION Application Method 1. Permanent Traffic Areas Mix PolyPavement into the Soil materials, Compact the Soil and Apply Final Application of Polypavement PRODUCT INFORMATION- SOIL SOLIDIFYING EMULSION - Soil Solidifying Emulsion shall be PolyPavement Soil Solidifier. PolyPavement is an environmentally safe water-based polymer emulsion. PolyPavement Soil Solidifier has been developed specifically for use as natural soil pavement. PolyPavement is light yellow color, non-corrosive and water-dilutable emulsion which utilizes a non-ionic, biodegradable emulsifier. PolyPavement Soil Solidifier dries and cures to a colorless, water insoluble, binding and cementing agent and contains no known carcinogenic ingredients such as vinyl acetate or acetaldehyde. INSTALLATION - Installation shall consist of blending PolyPavement Soil Solidifier with the top 2 inches of existing decomposed granite on existing trails and roadways after grading and compacting the existing materials to final elevations, and re-compacting. Then applying a surface toughening spray-on application of diluted solidifying emulsion. And last, applying a final spray-on application of diluted PolyPavement Soil Solidifier. PolyPavement Soil Solidifier shall be applied according to the manufacturer's custom prepared application instructions and as specified in these plans and the special provisions. APPLICATION INSTRUCTIONS - Prior to selecting, delivering and/or placing imported soil material: (1) The decomposed granite materials shall be tested for suitability. Soil Suitability Tests shall be provided by PolyPavement or approved equal and contractor shall include in the price of the bid all costs for this testing. Contractor shall provide a report to the project Engineer or owner, along with the manufacturer custom recommendations for the dilution rates for the application of the poly pavement, based upon the findings of the soil test. (2) After the final grading and compacting, the soil material shall be roto-tilled to a depth of 2 inches or as recommended in the manufacturer custom recommendations. PolyPavement Soil Solidifier shall be diluted at the appropriate dilution ratio per manufactuer's recommendations based upon Soil Suitablity tests. See item 1 above. Diluted PolyPavement shall be spray-applied to the roto-tilled soil material at the spread rate calculated to achieve optimum moisture content for compaction <OMC) and to obtain a residual PolyPavement emulsion content of 2.0 percent by total volume of compacted soil material. (3) The treated soil material shall then be graded and compacted to final elevations with steel drum compacting equipment that weighs not less than 1 ton. (4) Upon completing the compaction process, a spray-on application of properly diluted PolyPavement Soil Solidifier shall be applied at the Minimum Spread Rate of 0.25 gallon per square yard and allowed to dry. If required by the manufacturer, a second spray-on application of properly diluted PolyPavement Soil Solidifier shall be applied at the Minimum Spread Rate of 0.125 gallon per square yard and allowed to dry. Refer to Item 1 above for custom manufacturer recomendations The contract price paid per square foot for Poly Pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in the PolyPavement installation process, complete in place, as shown on the plans, as specified by the Manufacturer and these special provisions, and as directed by the Engineer. The above dilutions and spread rates may be adjusted in the field by the Soil Solidifying Emulsion Manufacturer as required to address specific field conditions such as the type of soil and/or the moisture content of the soil. A 10' x 20' mock up area of the Poly pavement treatment shall be provided by the contractor for final approval before proceeding with the remainder of the Polypavment applications of the entire project. All field adjustments shall be made in a manner that does not change the depth of treatment for the soil solidifying agent. The contract price paid per square foot for soil solidifying emulsion shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved installing the soil solidifying emulsion, complete in place, as shown on the plans, and in accordance with the specifications. ***END SECTION***