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CMS03A Pavement O'lay 2002-2003 (2) SEP-16-03 TUE 01 , 17 PM CCAC FAX N0. 8595492565 P. 03/03 -2California Commercial Asphalt Corporation E TO: HAZARD CONST, CO. ATTN: ART HERNANDEG FROM: TERRY NICOMETO t)AT4i: 9110 03 t CUN'IUWT; 1?NCWITAS OVERLAY CCAC S,1,#: 03-965 JODII: 03-046 Sill'CJ ICXflON; GREENBOOK TYPE Rt C-2, SECTION 400-4 'fill:FOLLOWIN4 JS OUR SUBMITTA1.FOR: 1/2" MIX PRODUCED BY OOK CfU'tROLL CANYON PLANT FRONT AGGREGATE MANUFACTURED BY: HANSOM 11ANSON KANSON HA.NSON 1AKLSIDE x COM& SPEC. 31441 112" 3Ns" RD. SAND ARCYCI.ir VALVE GRAD. LuwffS �Isu 13% 29% 39% S% 15% 1 1/4" III top 100 100 1W 100 100 3/4°' 78 100 100 100 100 100 100 100 112" 6 86 100 100 100 too 97- 95-100 318" 1 16 95 100 100 92 88 75-90 t`14 6 20 100 99 74 62f 50-67 0 1 6 77 92 60 46 ' 35-50 416 11'ashul 930 1 37 60 36 24 15-30 #50 #100 11200 12 3 9 " f- 5 4-7 C.,V 73 79 73 62 75 SOMIN. P'rop0j,kid Oil Coritenl 5.8%DWA •/ AR-4000 4.8-6.50/a Hvwni 146.0 Hazard Construction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT I* SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: City of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 6 REVISION: I hereby certify that the 3/4" Type III B3 Asphalt Concrete shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By. Title:Project Manap-er Arthur Hern ez, Jr P.O.Box 229000 San Diego,CA 92192-9000 (858)587-3600 • (858)453-6034 Fax • License No.750542A SEP-16-03 TUE 01 ; 17 PM CCAP FAX N0. 8F";492565 P. 02/03 r California Cotmercial Asphalt �' f CQr " ration TO: l YA7ARn CONS'r. co. ATIN: ART HERNANDI:7 E 1" J C'<tOM: TF;RRY NCCONMTO ' �• �� 'a OATR 9/16/03 CONTRACT. 'ENONITAS OV1s1 -AY CCAC.S.11: 03-')(75 JOB#. 03.046 SIkF;t'i ICAT1ONS; (iM."NF1OOK TYPV,11f 83 0 11,W 1'°( IAZWING IS OUK SCJUMlYfAL FOR:3/4"MIX 1'1t01)IJC�iI')BY Ol R CARROLL CANYON PLANT FROM AGGREGATE MANUFACTURED BY: E 11ANSON HANSON RANSON HANSON LAKLSME X COMA, SPEC. 3/4'f I/ " 3llt" ILi1. SA14D RLCYCIX VALUE GRAD. LIMITS I Insm 1 j a/a 18a/n 20% 260% 100K 1-5% Ydn MdnrYYliwrrr•�wiPnWhYr�Mr�� 1 1/4" in 100 100 100 1a0 100 100 100 100 3/44 78 100 100 100 100 100 98 95-100 1 r" 6 86 100 100 100 100 86 3/8" 1 16 95 100 100 92 72 60-85 *4 6 20 100 99 74 52 45-60 dlg 1 6 77 92 60 39 3045 J l G Washad 430 1 37 60 36 21 15-25 i1 SO #100 #200 12 3 9 4 3-7 C.V. 73 79 73 62 75 90 1lvi�nt 116.2 Proposed Oil Conteni 5.50% Alt-4000 Hazard tronstruction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT I AMEP�P SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project-2002-03 OWNER: City of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 7 REVISION: I hereby certify that the 1/2" Type III C2 PBA-3 Asphalt Concrete shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By: Title:Proj ect Manager Arthur Hernand r. P.O.Box 229000 San Diego,CA 92192-9000 • (858)587-3600 • (858)453-6034 Fax • License No.750542A SEP-16--03 TUE 0117 PM CCAP FAX N0. 8U5492565 P. 01/03 California Commercial "Asphalt '. corporation t TO: HAZARD GCJIyST. CO. Am: ART HERN'ANDEZ r"KOM: 11IRRY NIC01MV170 1. " UATv,: 9116103 C011n'RACT: I ENC:INITAS OVrMLAY CCAC.' SJ,#; 03-965 ]OSfi: 03-046 sria cI .,wN1'10NS: GREL'NBOOK TYPE III C2 ' w',FOLLOWING I5 OUR SUflMi17AC,FOR: 1l2"C2 MIX PRODLICUD BY OUR CARROLL CANYON PLANT FROM AGGREGATE MANUFACTURED BY: HANSON HANSON HANSON HANSON J.D.T. X COMB. SPEC. 3/41+ 1/2n 31st" R.D. SAND RECYCLE VALUE GRAD. LIMITS 42% 13°/ 1" 100 100 100 100 100 100 .3/4,. 78 100 100 100 100 100 100 100 1/2" 6 76 100 100 100 100 98- 95-100 3/8° 1 19 95 100 100 92 86 75-90 20 100 99 74 61 61 ' 50-67 llr3 6 77 92 60 46 46' 35-50 630 1 37 60 36 24 24' 15-30 H50 4100 #200 12 3 9 5 44 CN. 73 79 73 S.L. 62 75 Pvcpmiod Oil Content 5.6%OWA PBA-3 ...__. ...:,_-- '•---.....,..., a.___ n.__.- n...�,.-..a.. novar_nnf2A /CRQ\CA�ARht Fav/Rr{R\ G4�.7eti� CITY OF ENCINITAS ENGINEERING SERVICES DEPARTMENT CATALOG CUT/SHOP DRAWING TRANSMITTAL AND APPROVAL D /Z SUBMITTAL NO. PART 1 FOR CONTRACTOR USE TO(DESIGNER) FROM(CONTRACTOR) C/ 7-cr N512 vGR d FOR (CONTRACT TITLE) CONTRACT� 3 e4V EM��Ttir1 2CO2— TE FORM FOR EACH SPEC.SECTION) A/E RECOMMEND CITY ACTION ARE SUBMITTED FOR REVIEW THE FOLLOWING ITEMS AND APPROVAL,PER SPECIFIC LION SECTION ITEM (USE SEPARA (B) NO.(A) ' • Z_ w�,� LSE �1A�,�-S Z — wA�' �Lf.v w I`'��4f2-K•L�izS �I v M Nos r11�1LMO (PST �T T- ; OOUIRE FACTORY NEW SUBMITTAL RESUBMITTAL vTRACT SPECIFICATIONS NO INSPECTION YES SIGNATURE PART II— FOR DESIGNER USE FROM(DESI NER) C/JS • OLLOWING RECOMMENDATION IS MADE AS NOTED ABOVE.(See Column"C°) ITEM HAS BEEN REVIEW D.THE F COMMENTS: 1j 5 0 �_- 5\v V"t 5TH T� SPCGrFIL7 /°/v 0a/o — DATE SIGNATURE ART III — FOR CITY USE TO (CONTRACTOR) ' FROM W,4 Z_/� �/✓�$ G(TY C�� N� N F4S ENCLOSURES RETURNED. APPROVAL OR DISAPPROVAL INDICATED ABOVE- (See Column'D") V N TO ITEMS SUBMITTED:(A code letter will be inserted for each ACTION CODES: THE FOLLOWING ACTION CODES ARE GI E item in Column D,Section 1,above) C.-APPROVED,EXCEPT AS NOTED ON DRAWINGS APPROVED AS SUBMITTED. REFER TO ATTACHED SHEET.RESUBMISSION REQUIRED. B.-APPROVED,EXCEPT AS NOTED D.—WILL BE RETURNED BY SEPARATE CORRESPONDENCE. ON DRAWINGS. RESUBMISSION NOT REQUIRED. E.—DISAPPRO all requirements ents of the contract plans and specifications. NOTE:Approval of item does not relieve the contractor from complying z G DATE SIG R M16196 Hazard Construction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT I* SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: CAY of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 8 REVISION: I hereby certify that the 88AB 2-Way Blue Markers shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By; Title:Project Mana e r Arthur Hernan r. P.O.Box 229000 San Diego,CA 92192-9000 • (858)587-3600 • (858)453-6034 Fax • License No.750542A AVERY DENNISON Highway Safety Division STIMSONITE ' TEL: 800-327-5917 6565 W. Howard Street WTEL: 847-647-7717 Niles, Illinois 60714 ®FAX: 847-647-1205 ORANGE COUNTY STRIPING - 1. 183 N PIXLEY ST ORANGE CA 928682207 1 Ref P.O. No.: 10111 I` Avery Order No.:C082193 Invoice No.:210373 Project: 1 > Part No.:88 Item Description:88AB 2 WAY MKR BLU Qty.: 500 EA Lot#: Certification State: CA To Whom it May Concern: We certify that for the State of California,these markers have been inspected conform to the State of California,Department of Transportation Specifications under Sections 85-1.02 and 85-1.05 dated July, 1999. We certify that the Stimsonite pavement markers furnished against the subject order and for the subject State were manufactured at the facility of our Highway Safety Division in Niles,Illinois.They have been inspected and found to conform to the aforementioned State's pavement marker specifications. They were molded of polymethyl methacrylate conforming to ASTM D788,Grade 8. Also specific intensity of each reflective surface,when tested at a 0.2 degree angle of divergence shall not be less than the following values: SPECIFIC INTENSITY Blue Green Clear YqRM Red 0 degree incidence angle 0.30 1.0 3.0 1.8 0.75 20 degree Incidence angle 0.12 0.4 1.2 0.72 0.30 Very truly yours, Avery Dennison—Highway Safety Subscribed&swom to before me this day, Division/Stimsonite Corporation Tuesday,October 29,2002 8I'TY 8IRKM AN900 In DNIdIUS AINf10o FIDW i0 909Z 6£9 VTL YVA Tk:90 QHM £0/LT 160 Hazard Construction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT I* SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: Citv of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 9 REVISION: I hereby certify that the 88AY 2-Way Yellow Markers shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By: f Title:Project Manager Arthur Hernand r. P.O.Box 229000 San Diego,CA 92192-9000 • (858)587-3600 • (858)453-6034 Fax • License No.750542A AVERY DENNISON Highway Safety Division STIMSONITE 11TEL: 800-327-5917 6565 W. Howard Street WT'EL: 847-647-7717 Niles, Illinois 60714 ®FAX: 847-647-1205 ORANGE COUNTY STRIPING 183 N PIXLEY ST ORANGE CA 928682207 - Ref P.O. No.: 10146 !} Avery Order No.:C082738 Invoice No.:210979 - Project: Part No.:88 Item Description:88AY 2 WAY MKR YEL Qty.: 2400 EA Lot#: IJL540 Certification State: CA To Whom it May Concern: We certify that for the State of California,these markers have been inspected conform to the State of California,Department of Transportation Specifications under Sections 85-1.02 and 85-1.05 dated July, 1999. We certify that the Stimsonite pavement markers fumished against the subject order and for the subject State were manufactured at the facility of our Highway Safety Division in Niles, Illinois.They have been inspected and found to conform to the aforementioned State's pavement marker specifications. They were molded of polymethyl methacrylate conforming to ASTM D788,Grade 8. Also specific intensity of each reflective surface,when tested at a 0.2 degree angle of divergence shall not be less than the following values: SPECIFIC INTENSITY Blue Green Clear Yellow Red 0 degree Incidence angle 0.30 1.0 3.0 1.8 0.75 20 degree incidence angle 0.12 0.4 1.2 0.72 0.30 Very truly yours, Avery Dennison—Highway Safety Subscribed&swom to before me this day, Division/Stimsonite Corporation Wednesday, December 11,2002 Covina Goeller .. root 411M w55� p' aC Hazard Construction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT 10 SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: City of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 10 REVISION: I hereby certify that the 885183 Bituminous Adhesive shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. 1 By: Title:Project Manager _ Arthur Hernand r. P.O.Box 229000 San Diego,CA 92192-9000 • (858)587-3600 • (858)453-6034 Fax • License No.750542A AVERY DENNISON Highway Safety Division STIMSONITE RTEL: 800.327-5917 6565 W. Howard Street 'RTEL: 847-647-7717 Niles,-Illinois 60714 ®FAX: 847-647-1205 PERVO PAINT COMPANY 6624 STANFORD AVENUE LOS ANGELES CA 90001 � ` � �✓ '' Ref P.O. No.: 23886 Avery Order No.:C085462 Invoice No.:214122 Project: YEAGER SKANSKA @RTE 58 CT#06-243404 JOB#20293R Part No.:885183 BITUMEN L Qty.: 36 EA Lot#: 7 y 4 I Certification State: CA '_,y �� To Whom it May Concern: We certify that the Bituminous—Adhesive supplied on the subject order has been Inspected and found to be in complete compliance YAM our spedfications,(cop"ttached). We certify that the Bituminous Adhesive supplied on the subject order has been inspected and found to be in complete compliance with our specifications,(copy attached). Very truly yours, Avery Dennison—Highway Safety Division!Stimsonite Corporation Corina Goeller Subscribed&sworn to before me this day,Thursday,July 24,2003. ' :a�I►iIY`CflMKdp�SIO�E�� :`; Hazard Construction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT * SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: City of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 1 I REVISION: I hereby certify that the T1001 & T1002 Thermoplastic Paint shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By; Title:Project Manager Arthur Hernande r. P.O.Box 229000 San Diego,CA 92192-9000 • (858)587-3600 • (858)453-6034 Fax • License No.750542A • • Pervo 0 Paint OCapmpany TEL 323.758.1147 800.892.3647 FAX 323.77809719 sales® ervo.com August 28, 2003 Orange County Striping 183 N. Pixley 1 Orange, CA 92668 ' , : TEL: (714) 639-4550 FAX: (714) 639-6353 CERTIFICATION To whom it may concern, ` l This is to certify that the following products conform to the requirements of California Traffic Paint Specification. Product Description S edficat'on Batch NoJLot# Quantity 209210/ 2 Tons/09-02 CO2-1697 White Alkyd Thermoplastic, 8010-19A 212150/ 2 Tons/12-02 Low Viscosity, T1001 Type CO2-2203 210200/ 2 Tons/10-02 CO2-1904 210201/ 1 Tons/10-02 Yellow Alkyd Thermoplastic, 8010-19A CO2-1905 Low Viscosity, T1002 Type 212151/ CO2-2202 5 Tons/12-02 Sincerely, Gustavo I Muro Research & Development Chemist 6 6 2 4 S T A N F O RD AVENUE , L O S ANGELES , CA 9 0 0 0 1 I.nnM 9VT.TT?T.T.Q z.T.mmnn 'W)KVNn 8097 B£9 6TL XVA £fi:An aqA f:0/LT/60 Hazard `onstruction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT * SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: City of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 12 REVISION: I hereby certify that the PTWB-0 1 Waterborne Paint shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By: Title:Project Manager Arthur Hernan r. P.O.Box 229000 San Diego,CA 92192-9000 • (858)587-3600 • (858)453-6034 Fax • License No.750542A A • Pervo 0 Pant 0 Company In 323.758.1147 800.892.3647 FAX 323.778.9719 sdeso ervo.co% August 28, 2003 Orange County Striping 183N. Pixley Orange, CA 92668 TEL: (714) 639-4550 FAX: (714) 639-6353 CER, TMCATION To whom it may concern, This is to certify that the/following products conform to the requirements of California Traffic PaintSpecifibation. Product Descri ,lion Specification Batch No. uanti 308303 250 Gals. 1X250 White Waterborne PTWB-01 308303 250 Gals. Hi-Performance Traffic Paint 1X250 308184 50 Gals. 10X55 Yellow L/F Waterborne' PTWB-01 308355 250 Gals. Hi-Performance Traffic P ' t 1X250 Black Waterborne PTWB-01 308354 250 Gals. Hi-Performance Traffic Paint 1X250 Since ly, Gustavo I Muro Research & Development Chemist 6624 STANFORD AVENUE , LOS ANGELES , CA 90001 90001 DKIdIHIS AINfloo HDNVHO 909Z 699 VTL M Zb:90 QdM '£0/LT/60 CITY OF ENCINITAS ENGINEERING SERVICES DEPARTMENT CATALOG CUT/SHOP DRAWING TRANSMITTAL AND APPROVAL SUBMITTAL NO. PART 1 FOR CONTRACTOR USE TOR) TO (DESIGNER) FROM( GA)--�-Ira�}Z �D v� r1oN Gl DG ��vC- vu TES FOR. (CONTRACT TITLE) CONTRACT ME�I �N � THE FOLLOWING ITEMS ARE SUBMITTED FOR REVIEW AND APPROVAL,PER SP�E RECOMMEND SECTION NOCITY ACTION ITEM (USE SEPARATE FORM (B}EACH SPEC.SECTION) (C (D NO.(A) ;�?RACT SPECIFICATIONSNO�IUIRE FACTORY NEW SUBMITTAL RESUBMITTAL INSPECTION S SIGNATURE PART II— FOR DESIGNER USE TO FROM(DES.I NER) Z— �lJs'f ITEM HAS BEEN REVIEWED.THE FOLLOWING RECOMMENDATION lS MADE AS NOTED ABOVE. (Sae Column'C) COMMENTS: �� /2�S �F— G DATE ?� d SIGNATURE PART III — FOR CITY USE TO(CONTRACTOR) FROM �S C ( TY OtiG ENCLOSURES RETURNED. APPROVAL OR SAPPROV INDICATED ABOVE. (See Column`)°) be inse 5j-,6 ACTION CODES: THE FOLLOWING ACTION CODES ARE GIVEN TO ITEMS SUBMITTED: (A mtlnl Column lD,Section l,tor each above) APPROVED AS SUBMITTED. C.-APPROVED,EXCEPT AS NOTED ON DRAWINGS REFER TO ATTACHED SHEET.RESUBMISSION REQUIRED. LL BE RETURNED BY SEPARATE CORRESPONDENCE. B.-APPROVED,EXCEPT AS NOTED ON DRAWINGS. RESUBMISSION NOT REQUIRED. E.—D SAPPROVED. SEE ATTACHED SHEET. NOTE:Approval o item does not relieve the contractor from complying with all the.requirements of the contract plans and specifications. DATE SIG AT R mt6196 Hazard Uonstruction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT 10 SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: City of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 13 REVISION: I hereby certify that the M247-81 TP 1 AC 110 (50# Bag) HW Spheres shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By: Title:Project Manager Arthur Hernan , r. P.O.Box 229000 San Diego,CA 92192-9000 (858)587-3600 • (858)453-6034 Fax • License No.750542A Posters Induq ies Inc. an affiliate of The PQ Cotporadon 4665 Finance Way Kingman, AZ 86401 Phone: 928- 7S7-8666 Fax: 918- 757-8608 . MATERIAL CERTIFICATION The material covered by this Certification has been tested according to standard procedures by our Quality Control Department and complies with the applicable specifications. Quality Control Data to substantiate this certification is on file in our Laboratory. CUSTOMER: ORANGE COUNTY STRIPING CUSTOMER PO #: 10308 POTTERS ORDER #: 338489 BILL OF LADING #: 80342155 MATERIAL: M247-81 TP1 AC110 (50#BG)-HWY SPHERES LOT#12/11/02K1: 12/17/02K11: 12/18/02KO-K15, K19-K20 QUANTITY: 45,600.000 TOTAL QUANTITY: 45,600.000 DATE: 08/05/2003 BY: r Page 1 of 1 T100 In MidINis ;Umfloo HDNVHO 8092 699 VTL YVA Zip=80 QllAt £0/LT/60 r CITY OF ENCINITAS ENGINEERING SERVICES DEPARTMENT CATALOG CUT/SHOP DRAWING TRANSMITTAL AND APPROVAL SUBMITTAL NO. PART 1 FOR CONTRACTOR USE FROM CONTRACTOR) TO (DESIGNER) "C"T 1� ►�% C j l`� C r /�J�t�IC� FOR: (CONTRACT TITLE) CONTRACT `2CXJ - � THE FOLLOWING ITEMS ARE SUBMITTED FOR REVIEW AND APPROVAL, PER SE RE OMMEND SECTION NO CITY ACTION ITEM (USE SEPARATE FORM (Bj EACH SPEC.SECTION) (C (D NO.(A) ;v-RAG SPECIFICATIONSNOCIUIRE FACTORY NEW SUBMITTAL RESUBMITTAL INSPECTION YES SIGNATU E PART II— FOR DESIGNER USE TO FROM(DES G E i �v %t(;+ ITEM HAS BEEN REVIEWED.THE FOLLOWING RECOMMENDATION IS MADE AS NOTED ABOVE. (See Column"C") COMMENTS: /� n APP12E.) r � r I DATE Z 7N �E PART III — FOR CITY USE =RA CTOR) - Iv 1 '�'1 � RETURNEE DISAPPROVAL INDICATED ABOVE. (See Column`D") THE FOLLOWING ACTION CODES A RE GIVEN TO ITEMS SUBMITTED: (A c°dnlCo urmnlD be Sedionl for above) A. APPi3pVED AS SUBMITTED. C.-APPROVED,EXCEPT AS NOTED ON DRAWINGS REFER TO ATTACHED SHEET.RESUBMISSION REQUIRED. B,-APPROVED,EXCEPT AS NOTED D..—WILL BE RETURNED BY SEPARATE CORRESPONDENCE. ON DRAWINGS. RESUBMISSION NOT REQUIRED. • E.—DISAPPROVED. SEE ATTACHED SHEET. NOTE:Approval pt item does not relieve the contractor from complying with all the requirements of the contract plans and specifications. ' DATE SIGN U E mI6196 Hazard Uonstruction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT * SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: City of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 14 REVISION: I hereby certify that the A/O Mat C039 Pavement Fabric shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By• Title:Project Manager Arthur Hernan , Jr. P.O.Box 229000 San Diego,CA 92192-9000 - (858)587-3600 • (858)453-6034 Fax - License No.750542A rrom :onn io:to u /IY"AM '"W 3:1410 1%M Vim I W nr. t y A/OGeo products v 418 The Parkway 1204 Phone 684 6481865 Greer, S.C. 28650 Fax 664 848 2623 To: All American Service and Supply Project Corona, Ca 91719 This is to certlfy that A/61VIM C039 as manufactured by TN is a 100% polypropylene, nonwoven, need"riched fabric. Manufactured with staple fivers in a random network to form a dimensionally stable fabric and treated and bonded on one side for use in asphalt overlay applications. C039 exceeds AASHTO M288-92 ana Green Book Public Works Section 213-1.1 requirements for paving geotextile fabrics. 0039 conforms to the physical property values listed below: Fabric Property Test Niethod Units"v I C039 w ASTM D 3776 � Tensile Siren h__-- ASTM D 4632, 'Gran Elongat;on_______ 1 STM D 4632' 9b I 50 e' 1"nickness IASTM D 1777 mils i 45 !Asphalt Retem or------ Green book 4 oz.lsq ft 3,5 i Gran Siren t�h gjer Saturation A8 7M D 46321 Ibs, 21 E L_ --N.�rlon/y�abon After Seturgon ASTM D 4632 °ro 50 _ The above is in accordance with AASHTO minimum average roll values(MARV) BY: �� July 2.2003 Hazard t;onstruction Company CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT �. AMEP�P SUBMITTAL COVER SHEET PROJECT NAME: Pavement Rehabilitation & Overlay Project 2002-03 OWNER: Cily of Encinitas CONTRACTOR'S NAME: Hazard Construction Company DATE: Sept 17, 2003 SUBMITTAL NO: 15 REVISION: I hereby certify that the AR 4000 Asphalt Cement shown and marked in this submittal has been reviewed, is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, and is submitted for approval. By: Title:Project Manager Arthur Hernand r. P.O.Box 229000 San Diego,CA 92192-9000 • (858)587-3600 • (858)453-6034 Fax • License No.750542A AEW: ASPHALT PRODUCTS AW AW diI `/r Ar% P.O. Box 1519 South Gate, California 90280-1519 5 (562) 928-7000 FAX (562) 806.4032 AR 4000 ASPHALT CEMENT DATE: 07/08-07/09/2003 LOAD DATE: TIME: 2:30 AM LOAD TIME: TANK#: 10027 LOAD TICKET f#: CUSTOMER: CARRIER: DESTINATION: TRUCK#: • CONTRACT#: STATE TAG#: Meets Soecifications: ASTM D3381 'table 3: AASHTO M226,Caltrans 99-1.02; Section 203-1.2 of "Creenbook" CERTIFICATE OF COMPLIANCE TESTS ASTM Na. AASHTQ NO. SPEC RESL5JS Rolling Thin-Film Oven Test: D2872 T240 Viscosity, 60°C(140 0F), Poise D2171 T202 3000-5000 t 4943" Viscosity, 135°C(275 1F),cSt D2170 T201 275 Min 462 Penetration,25°C, 100g,5s D5 T49 '25 Min 36 %of Original Penetration D5 T49 45 Min 61% Ductility, 25°C, 5cm1min,cm D113 T51 75 Min 100+ Loss of Heating, wt% D2872 T240 — 20 Penetration,4°C,2008,60s D5 T49 --- 14 Absolute Viscosity Ratio, 60°C D2171 T202 — 220 RTFO Vis./Original Vis. Tests on Original Asphalt: Penetration,25°C, 1008, 5s D5 T49 — 59 Flashpoint,C.O.C.,°F D92 T48 440 Min 600 Solubility in Trichlasoethylene V/o D2042 T44 99.0 Min 99.9 Viscosity, 60°C(140°F),Poise D2171 T202 -- 2246 Viscosity, 135°C(275 0F),cSt D2170 T201 --- 325 Specific Gravity, 77177°F D70 T228 1.020 Specific Gravity, 60/60°F D70 T228 — 1.021 API Gravity,60°F D70 7228 -- 7.2 We hereby certify that the above sample was tested according to the applicable ASTM and AASHTO standards and that it complics with all specifications. ZF DENNIS ANDERSON Released By: GUS MORENO Lab ec ician Q. anger 9302 Garfield Avenue • South date, California 80280-3896 Sap-18-03 10:42am From-Hazard Cons+•action T-895 P.001/002 F-942 -Hazard Construction COMpany CONSTRUCTION • MANAGEMENT SITE DEVELOPMENT September 18,2003 0 TO: SD County Sheriffs Depart (Encinitas Substation) (FAX 1-760342-5093) Encinitas Fire Protection District (FAX 1-760-633-2818) I Posbnaster US Post Office 1150 Gardenview Encinitas,Ca 92024 N.County Transit District (FAX 1-760-767-8746) EDCO Trash Collection Service (FAX 1-760-752-8339) Encinitas Union School District (FAX 1-760-942.7094) Regarding: PAVEMENT REHABILITATION&OVERLAY PROJECT FY 2002-03 CITY OF ENCINITAS I Hazard Construction Company Job No. 03046 Ina rdance with the Contract Documents for the above mentioned project,this letter serves as written notification of Hazard's intent to begin work on this project beginning Sept 29, 2003.The work will be performed on weekdays only, between the hours of 7:00 am to 5:00 pm and is scheduled for completed by Nov. 17, 2003. Attached is a list of sap-18-03 10:42am From-Hazard Const-fiction T-885 P.002/002 F-042 Street From ,. L Sierra Ride Willows do s end Trailview Road Sierra Midge Dr Mountain Vista Dr_ Athena St.--- N. Coast Hwy 101 Neptune Ave Ocean Cove ManchesterAve end Cape Sebastian Place Ocean Cove Dr. end Blue Heron Ave. Swallowtail Rd. Bella Vista Dr. Bonnie Bluff Court Blue Heron Ave end Bonnie Bluff Circle Bonnie Bluff Court end Swallowtail Road Quail Hollow Drive end Quail Hollow Dr Kildeer Court Swallowtail Road Fourth St C St E St- 'C' St Third End "D° St. Third End "E° St. Third End { Lower Lake Court Woodgrove Dr. End Old Creek Court Wood rove Dr. End Big Canyon Terrace Woodgrove Dr. End Legaye Dr. Sandcastle Nolbe St. Sandcastle Dr. Le a e Dr. end Woodgrove Dr. Lake Dr. Sandcastle La Mesa Ave. Fiorita St end La Veta Ave. Morita St. end Rosets St. La Mesa Ave. Neptune Ave. North El Portal Street La Mesa Ave. Ne tune Ave. South El Portal St La Mesa Ave. Ne uneAve. El Portal North Coast Hwy 101 La Mesa North Court La Veta Ave. North Coast Hwy 101 Melrose Marcheta El Portal St Willowood Lane Glen Arbor Dr. End } I Shadytree Lane Glen Arbor Dr. End i i c i City of Encinitas September 29, 2003 Hazard Construction Company Art Hernandez P.O. Box 229000 San Diego, CA 92192-9000 Re: CHANGE ORDER#1 Pavement Rehabilitation and Overlay Project FY 2002-2003 Project CMS03A Gentlemen: Pursuant to Section 3 - CHANGES IN WORK, you are directed to proceed with all labor, material and equipment necessary to accomplish the following change: • DELETE THE S.D.W.D. ADJUSTMENT OF WATER VALVES TO GRADES, I.E. LINE ITEMS 7,8 & 9 OF THE BID SCHEDULE. This change will NOT EFFECT the contract time. Please signify your acceptance of this change order by signing below. A copy of the original change order shall be sent to you for your original signature. Upon receipt, the City will sign and a copy, with original signatures, shall be forwarded to you for your files. ACCEPTED BY: ,r Greg �1-i3(elds, P.E. W.S. Rogers, x . Vice President Field Operations Hazard Cons ction Company Contractors License No. 750542A cc: Director of Engineering Services Ron Brady, Inspector AICZ • TEL 760-633-2600 / FAX 760-633-2627 505 S. Vulcan Avenue, Encinitas, California 92024-3633 TDD 760-633-2700 recycled paper I 2-6.1 SUGGESTED SEQUENCE OF WORK(add this section): Unless specifically noted the construction sequence,provided as follows,is strictly a suggested method to accomplish the work. The contractor shall be responsible for the successful completion of all work. Deviations from these suggested sequences are permitted if techniques and methods known to the contractor will result in reduction to inconvenience in traffic, businesses,and the amount of flow bypassing on the project.The request for deviations shall be submitted for approval to the Construction Manager in the same manner as a shop drawing. The project falls under CAL-OSHA jurisdiction and the Contractor shall make his personnel aware that they will be exposed to raw wastewater during this construction project. The Contractor shall take the necessary health precautions to guard against contact with the raw wastewater. It is the responsibility of the contractor to prevent any spill of raw wastewater as a result of his operations. During shutdowns of the force main the contractor shall have 100%backup capacity of tanker trucks available for emergency conditions where the sewage quantity is greater than that given herein.The contractor will perform a mock shutdown in the presence of the construction inspector. The construction inspector shall observe and approve of the contractor's shutdown method prior to performing any cutting on the existing force main. A. There are two locations where the new 14"PVC pipe will cross the existing 14"DI pipe. These locations are at approximate stations 32+62 and 109+90. At these locations the existing DI force main would be excavated to expose a portion of pipe adequate for removal. The trench would be plated and a night shutdown for each crossing would be commenced to remove the old force main and lower the existing line to allow unimpeded construction of the new 14"PVC pipe across the existing line. B. If adequate resources were available to the contractor,concurrent with shutdown work above would be construction of the downstream connection manhole at La Costa Avenue and Highway 101 (station 121+07.28). A detail of the manhole is shown in the plans. The concrete bench would be poured,manhole constructed and new 14"PVC pipe connected to the new manhole. A flow meter attachment would be installed and the Encina Wastewater Authority would relocate the meter when the contractor commissions the new 14"PVC force main. Cutting open of the existing VCP sewer should not be accomplished until enough new 14"PVC pipe is installed up gradient to prevent a surcharge spill of sewage. C. The contractor would then construct the segment of 14"PVC pipe south in Highway 101 from the connection manhole to the connection with the previously installed 14"PVC pipe by others(station 109+47.04). The connection would be made at the edge of the NCTD right of way. Permission is required from NCTD when the contractor enters the railroad right of way. The contractor shall contact NCTD prior to performing work there. Since the 14"PVC line installed by others is not in service,this connection would not require a special shutdown. D. Work would commence at the south end of the 14" PVC line constructed by others (station 33+26.91)and continue south in the No. 2 lane of old Highway 101 to the high point connection of the 14"DI pipe (station 4+43.74). The point of beginning at station 33+26.91 to approximate station 32+60 will be constructed in the NCTD right of way. Permission to enter and perform work in this location is required from NCTD. The contractor shall contact NCTD prior to performing work there. E. At the high point the contractor would excavate the approximately 31 feet of existing pipe and plate the trench in preparation for a shutdown. A detail of this area is shown in the plans. During the shutdown the contractor shall remove the interfering 14"DI pipe and install the 14"PVC pipe up to the existing high point including the tee connection and the Air Vacuum Air Release Valve. The existing 14"DI pipe will be plugged at this point. The new 14"PVC force main would then be brought up after the shutdown as the active force main. CITY OF ENCINITAS DESIGNER: KIPP HEFNER ENGINEERING DEPARTMENT INSPECTOR: RON BRADY FIELD OPERATIONS PAVEMENT REHABILITATION & OVERLAY FY 2001-2002 CMS02A BID DATE 12 Aug 03 CONTRACTOR 1 HAZARD $793,124.70 2 JD PAVING $804,836.13 3 SRM $841,368.83 4 DALEY CCAC $847,921.13 5 HANSON $861,251.91 6 ENGINEER'S ESTIMATE $853,104.25 Bids 8/12/03 M O 00 0ooll-n 0000o0o0o000000000cc LO 0 o0CDr- 0 0000000o0o0o0o0o0Lo n p or00000000c00000 W n1 Co r 6000CDM N cv w O N N N C) OZ) V O O LOS 0) o I-- N O� �. O r� O N O c O O O O O - N m O O Lf) r O M V Vi V o V G LO) l CD O Ln CO r O r o) Ln N M IT O N O V O (n (h f� (D r 1� r CO - M m Q J O N U') m O V co m Sri M Q M m N Ln 69 69 69 64 64 M 69 r N I-- m Lo 69 69 69 69 M T- Efl 69 69 69 f{j 69 ff3 M r 69 69 6I 69 9 (fl 69 69 69 . 69 69 C O � 00 Q W E9 W >- f!J Z � LL Q N o O O L n O O O O O O O O O O N W f C C C o0000000Ln W o 0 0 N 0 0 0 0 0 0 0 0 0 0 r O O o N 0 0 D 0 0 0 0 0 0 N m 69 O M N r 0 0 0 0 0 0 N o I� M r W 69 O LO O t- O O o 0 0 0 r O O O r m F o 00 LO 69 O N O O M Cn 69 O LO N 64 z F o r- CO 69 0 0 0 0 0 0 64 O CD N efi N O ff?69 O r N M M r ( 69 69 O 69 69 O r M co M r O 69 69 r C ? e� 6s 64 f» E» of ^ z o o Ea (13 e3 69 69 O p 69 EF, Ef3 z 69 69 Y O Co W N oroU000000ooco � c orno n00000000co no }, M 07 M M � N O o Ln O O N V O M LD r o I- M 0 0 0 0 0 0 0 M O CD I- O r Lo � co o Lo V I- o O N co Lo O O O CO O M (fl O cD In o M O 0 o m R LL. 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DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) Bidder MUST complete each information field on this form for each subcontractor that it The I proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This 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. 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 portfons of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "sublett ing 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 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. r Full Company Name of Subcontractor: • is cY� j',^P1 t� s�: . Subcontractor's Location of Business: �A street 01 City State Zip Subcontractor's Telephone Number including Area Code: Subcontractor's California State Contractors License No. t `j SUBCONTRACTOR'S BID ITEMS Bid Item No. Amount of rBid unt of Work in Amount of Subcontracted Bid em Perf ormed by Contractor's Overhead Item Including actor Excluding &Profit in Bid Item Subcontractor's Overhead&Profit Overhead&Profit $ $ 4+ $ , $ $ $ • $ $ $ $ $ $ CON6606.DOC D-3 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This 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. 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional 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 ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Ad kc t, Subcontractor's Location of Business: Street r, City State Zip Subcontractor's Telephone Number including Area Code:/-71 Subcontractor's California State Contractors License No. IN& 05 SUBCONTRACTOR'S BID ITEMS Bid Item No. Amount of Amount of Work in Amount of Subcontracted Bid Bid Item Performed by Contractor's Overhead Item Including Contractor Excluding &Profit in Bid Item Subcontractor's Overhead&Profit Overhead&Profit $ $ $ $ $ $ $ $ $ $ $ $ CON6606.DOC D-3 DESIGNATION OF SU,BCONTRACTORAND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) ' The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This 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. 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices 1. 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 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. .i Full Company Name of Subcontractor: Subcontractor's Location of Business: Street Ck City State Zip Subcontractor's Telephone Number including Area Cod Subcontractor's California State Contractors License No. SUBCONTRACTOR'S BID ITEMS Bid Item No. Amount of Amount of Work in Amount of Subcontracted Bid Bid Item Performed by Contractor's Overhead Item Including Contractor Excluding &Profit in Bid Item Subcontractor's Overhead&Profit Overhead&Profit $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ CON6606.DOC D-3 DESIGNATION OF SUBCONTRACTORAND AMOUNT OF SUBCONTRACTOR'S BID ITEMS , (To Accompany Proposal) The Bidder MUST complete each information field on this form for each subcontractor that it proposes to use. Additional copies of this form may be attached if required to accommodate the Contractor's decision to use more than one subcontractor. This 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. , 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 the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional 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 ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. Full Company Name of Subcontractor: Subcontractor's Location of Business: Street City State Zip Subcontractor's Telephone Number including Area Code: Subcontractor's California State Contractors License No. SUBCONTRACTOR'S BID ITEMS Bid Item No. Amount of Amount of Work in Amount of Subcontracted Bid Bid Item Performed by Contractor's Overhead Item Including Contractor Excluding &Profit in Bid Item Subcontractor's Overhead&Profit Overhead&Profit $ $ $ CON6606.DOC D-3 I i r • BIDDER'S STATEMENTOF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) , PAVEMENT REHABILITATION AND,OVERL.AY PROJECT FY 2002-2003 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 Name&Address Name& Phone Type of Work Amount of Completed of the Employer No. of Person to Contract Contract • CON6606.DOC D-8 REFERENCE LIST 1. project Name: Mesa Verde Estates, Owner: Mesa Verde-Del Mar L,P, c/o Johnson Communities 3830 Valley Center Drive San Diego, CA 92130 Owners Rep.: Paul Metcalf Phone No.: (85$) 793-1545 Contract Price: $6,300,806.37 Completion: 04/02 2. Project Name: The Plaza at Encinitas Ranch Owner: Encinitas Town Center Asso.c/o Zelman Development 707 Wilshire Blvd.,Suite 3036 Los Angeles, CA 90017 Owners Rep.: Jerry McKee Phone No.: (213) 533-8100 Contract Price: $4,500,000.00 Date of Comp: 01/02 3. Project Name: The Plaza at Sunbow Owner: Sunbow Plaza Partners,c/o Kitchell Development 703 Palomar Airport Rd, Suite 320 Carlsbad, CA 92009 Owners Rep.: Don Glatthorn Phone No.: (760) 930-0011 Contract Price: $2,223,905.71 Date of Comp: 10/01 4. Project Name: Cannon Road Reach 1, Carlsbad, CA Owner: City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Owners Rep.: Sherri Howard Phone No.: (760) 438-1161 • Contract Price: $5,855,027.00 Date of Comp: 3/00 5. Project Name: Otay Mesa Road Widening Owner: The City of San Diego 9485 Aero Drive - MS18 San Diego, CA 92123 Owners Rep.: Harold Ritchie Phone No.: (619) 671-9843 Contract Price: $10,433,814.00 Date of Com : 11/99 6. Project Name: Leucadia Blvd./1-5 Owner: The City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024-3633 Owners Rep.: Greg Shields Phone No.: (760) 633-2778 Contract Price: $4,985,127.00 Date of Comp: 9/99 7. Project Name: Carmel Valley Road Owner: Taylor Woodrow Homes 7220 Black Mountain Road San Diego, CA 92130 Owners Rep.: John Hammond Phone No.: (858) 484-4775, Ext. 103 Contract Price: $12,367,090.00 Date of Comp: 7/99 8. Project Name: Encinitas Town Center - Phase 1 Owner: Encinitas Town Center Asso.c/o Carltas Company 5600 Avenida Encinas, Suite 100 • Carlsbad, CA 92008 Owners Rep.: John White Phone No.: (760) 431-5600 Contract Price: $8,000,000.00 Date of Comp: 12/98 ' r BIDDER'S CERTIFICATE OF INSURANCE FOR • GENERAL LIABILITY,EMPLOYER'S LIABILITY,AUTOMOTIVE LIABILITY AND WORKER'S COMPENSATION (To Accompany Proposal) PAVEMENT REHABILITATION AND OVERLAY PROJECT FY 2002-2003 ' 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: 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 Special Provisions for this project for each insurance company that the Contractor proposes. (2) Cover any vehicle used in the performance hether scheduled or non-scheduled.scheduledteTheoautoei,nsurance owned, non-owned, or hired, and certificate must state the coverage is for"any auto" and cannot be limited in any manner. CON6606.DOC D-9 Client#:907 HAZARDCONI DATE rF ACO D,N CERTIFICATE OF LIABILITY INSURANCE 8112103roorcYYY) PROVUGER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ohn Burnham Insurance SVCS 11 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Lic 0099753 1 750 B St,#2400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. n Diego, CA 92101 NAIC# 619 231-1010 INSURERS AFFORDING COVERAGE INSURERA: St. Paul Fire and Marine Ins. Co. 24767 INSURED Hazard Construction Company INSURER B: P.O•Box 229000 INSURER C: San Diego, CA 92192-9000 INSURER D: INSURER E: I 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. P LICY EFFECTIVE POLICY EXPIRATION LIMITS FRSW TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY Wyl frTft NSR GENERAL LIABILITY KC06100071 05108/03 05108104 EACH OCCURRENCE s1 000 000 A OR EAGFTOE ENTEDn 51Do,()0� X COMMERCIAL GENERAL LIABILITY CLAIMS MADE QX OCCUR MED EXP(Anyone Perron) 135.000 PERSONAL 6 ADV INJURY $1,000.000 X Contract Liab GENERAL AGGREGATE s2.000.000 X BFPD PRODUCTS•COMP/OP AGG S2 00O 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT L0C A AUTOMOBILE LIABILITY KC06100071 05/08/03 0510$104 COMBINED SINGLE LIMB $1,ODO,000 (E9 accident) X ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) SCHEDULED AUTOS BODILY INJURY X HIRED ALnos (For eccldenl) X NON-OWNED AUTOS PROPERTY DAMAGE S (Per accident) AUTO ONLY-EA ACCIDENT S ' GARAGE LIABILITY OTHER THAN ACC S ANY AUTO AUTO ONLY: AGO S EACH OCCURRENCE S FJCCESSfUMBRELLA LIABILITY OCCUR CLAIMS MADE AGGREGATE S s s DEDUCTIBLE S RETENTION S WC STATU- 0TH• WORKERS COMPENSATION AND EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S ANY PROPRIETOR/PARTNER/ExECUTIVE E.L.DISEASE-FA EMPLOYd S OFFICER/MEMBER EXCLUDED? If ym,dcscribc under E.L.DISEASE-POLICY LIMIT S SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Project Bid-Pavement Rehabilitation and Overlay Project FY 2002- 2003 City of Encinitas is named as addltlonal Insured(gl) as respects captioned operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Encinitas DATE THEREOF,THE ISSUING INSURER WILL ENBRa1V0FXWA lJL .An DAYS WRITTEN 505 S.Vulcan Avenue NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT,BIx>FxIL>t>ROCx�ttsvrxarxaAaxx xx Encinitas, CA 92024 tr�a Rx9Nc II�Irxs>x�n►>Dxeacx AUT RIZED REPRESENTATIVE ACORD 25(2001108) 1 of 2 #M9071 RDH 0 ACORD CORPORATION 1989 Avlic CVT WVUlrana nrunr tCT69CZ6T9 %d3 00.90 CO/ZT/90 r IMPORTANT � If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of'such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does ft affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25-S(2001105) 2 W2 #M9011 ADDITIONAL PROTECTED PERSONS ENDORSEMENT - CONTRACTORS T",StPaul OGENERAL LIABILITY - INCLUDING COMPLETED WORK, This endorsement changes your Contractors , Commerical General Liability Protection. How Coverage Is Changed architect,engineer, or surveyor professional services. There are two changes which are described Architect, engineer, or surveyor below. professional servicesiciudes: 1. The following is added to the Who Is the preparation or approval of maps, Protected Under This Agreement section. drawings, opinions, reports, surveys, This change adds certain protected change orders, designs, or persons and limits their protection. specification; and Additional protected person.The person or ' supervisory, inspection, or engineering organization named below is an services. additional protected person as required The following is added to the Other by a contract or agreement entered into 2, insurance section.This change by you. But only for covered injury or primary damage arising out of: broadens coverage. • your work for that person or We'll consider this insurance to be • organization; primary to and non-contributory with the your completed work for that person insurance issued directly to additional or organization if your contract or protected persons listed below if: agreement requires such coverage; your contract specifically requires that • premises you own, rent, or lease from we consider this insurance to be that person or organization; or primary or primary and non- contributory;or " your maintenance, operation, or use of vest before a loss that we equipment leased from the person or i Y ou request organization. consider this insurance to be primary or primary and non-contributory We explain what we mean by your work insurance. and your completed work in the Products ether Terms and completed work total limit section. If the additional protected person is an All other terms of your policy remain the architect, engineer, or surveyor, we won't same. cover injury or damage arising out of the performance or failure to perform Person or Organization: Any person or organization you are required in a written contract to show as an additional protected person. • Name of Insured Policy Number KC06100071 Effective Date 05/08/03 Processing Date 08/12/03 Hazard Construction Company Endorsement G0322 Rev. 12-97 Printed in U.S.A. En Page e 1 of 1 copyright St-Paul Fire and Marine Insurance Co. 1997 All Rights Reserved Client#:90T HAZARDCON1 � DATE(MM/DD/YYYY) ACORM CERTIFICATE OF LIABILITY INSURANCE 8/12103 PRODUCER ONLY AND ICONFERS NO RIGHTS UPON THE CERTIFICATE hn Burnham Insurance Svcs. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Lic 0089753/750 B St, #2400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, an Diego,CA 92101 NAIC aK , 619 231-1010 INSURERS AFFORDING COVERAGE INSURER A: Zurich-American Ins. Co. INSURED Hazard Construction Company INSURER a: P. O. Box 229000 INSURER C San Diego, CA 82182 9000 INSURER O: INSURER E: COVERAGES 1 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED SY 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. POLICY EFfECYy P A P RATION OMITS TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MM/DD/YY LTR NS EACH OCCURRENCE � ¢ GENERAL LIABILITY PREMG�EE�O RENTED S COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR MED EXP(Any one person) S FER50NAL 6 ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY J CST LOC AUTOMOBILE LIAWLITY COMBINED SINI',,LE LIMIT S (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per Person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Pereccideno NON.OWNED AUTOS PROPERTY DAMAGE S (Per accident) AUTO ONLY-EA ACCIDENT S GARAGE LL4BIUTY ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGO S EACH OCCURRENCE S E%CESSruNIBRELLA LIABItJTY OCCUR ED CLAIMS MADE AGGREGATE 5 S 5 DEDUCTIBLE $ RETENTK)N S STATU- 0TH• A WQRKERS COMPENSATION AND WC824841304 03/01103 03101/04 X WC Y M EMPLOYERS'LIABILITY E.L.EACH ACCIDENT 51,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.DISEASE_EA EMPLOYEE 111,000,000 OFFICERWEMBER EXCLUDED? IF yes,describe under E.L.DISEASE-POLICY LIMIT 51,000,000 SPECIAL PROVISIONS DHOW OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I$PECIAL PROVISIONS RE: Project Bid-Pavement Rehabiliation and Overlay Project FY 2002- 2003 CERTIFICATE HOLDER CANCELLATION Ton Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Encinitas DATE THEREOF,THE ISSUING INSURER WILL EMMO& UL _31L DAYS WRITTEN 505 S.Vulcan Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BlJOlj61C)IfCp()nCllQilQi�LR Encinitas, CA 92024 M1139= X06QxwxKXX A RIZED REPRESENTATIVE ACORD 25(2001108) 1 of 2 #M7853 RDH O ACORD CORPORATION 1988 __ ___ *.PTenP79T0 vva Amon PA/7T/QA 77 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(iss)must be endorsed. A statement on this certificate does not confer rights to the certificate ,holder in lieu of such endorsement($). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies lilted thereon. ACORD 25-S(2001100) 2 of 2 #M7953 bCT8AC7.RTA XVi TO:80 CO/ZT/90 I 1 1 I I I ' BIDDER'S STATEMENT REFERENCE DEBARMENT (To Accompany Proposal) ' PAVEMENT REHABILITATION AND'OVERLAY PROJECT FY 2002-2003 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no I 2. if yes, what was/were the name(s) of the.agency(ies) and what was/were the periods) 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: RD CONSTRUCTION COMPANY (name of contractor) By: (sign here W.S. ROGERS,EXEC.VICE PRES. (print name/title) CON6606.DOC D-10 w BIDDERS DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) . , PAVEMENT REHABILITATION AND OVERLAY PROJECT FY 2002-2003 Contractors are required by law to be licensed and regulated by the Contractor's 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. Any questions concerning a contractor may be referred to the Registrar, Contractor's State License Board, P.O. Box 26000, Sacramento, CA 95826. 1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? 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: Jri7 Jai?IO�ti .01rP.PAN1Y (name of contractor) By: (sign her W.S. ROGEPS, E VICE PRES. (print name/title) 6. If the answer to either 2 or 4 above is yes, fully identify,in each and every case,the party whose 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. CON6606.DOC D-11 (Attach additional sheets if necessary) BY: CONTRACTOR (name of Contractor) By: (sign here) W.S. RUGEhS, tAEC. VICE PRES. (print name/title) • CON6606.DOC D-12 BID FORMS PROPOSALT0 THE CITY COUNCIL CITY OF ENCINITAS CALIFORNIA FOR ' PAVEMENT REHABILITATION AND OVERLAY PROJECT FY 2002-2003 F, "'.00 COisSTRUCTION COMPANY NAME OF BIDDER DUSTRY DRIVE Sk&I' G cG0,CA 92152-2000 BUSINESS ADDRESS LIG.7�U54?.A 527 FAX(858)453-6034 LIC. PLACE OF RESIDENCE The work to be done consists of furnishing all labor, equipment and materials necessary for construction of Pavement Rehabilitation and Overlay Project F.Y. 2002-2003 within the City of Encinitas as described in these Special Provisions. The undersigned; as Bidder, declares that he has carefully examined the locations of the proposed work and the annexed proposed form of contract, and he proposes, and agrees if this • proposal is accepted,that he will contract with the City of Encinitas, in the form of the copy of the contract annexed hereto,to provide all necessary machinery,tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed,and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following item prices, listed both in figures and in words. (In case of discrepancy between the words and figures, the words shall govern and the figures shall be disregarded.) The bidder understands that the following quantities are approximate only, being given as a basis for the comparison of bids and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith,but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable and in the best interests of the City by the Engineer. Receipt is hereby acknowledged of Addenda No(s). • CON6606.DOC D-13 if BID SCHEDULE gem Approxima#e' Item ni lJnit Price IV© Quantity Sri#e Unit price in words (figure figure 1, Lump sum Clearing and Grubbing $1Gf' )-r $ 2. 2,301 Tons "Dig Outs" (contingency item)at $ 50 Sxrv- Z��rt i 1571 ✓ dollars and F-7 ' cents per ton 3 8,260 Tons PMAC Overlay $ $ LO ►�i7t3o. '� dollars and cents per ton 4. 42,503 Sq. Variable cold plane $ ` $ 20 Yds. �>NF �05 Oy.� / dollars and LN - cents per sq. yd. 5. Lump Sum Striping and Legends $�i o� f t i Ffi{%rr� -17�c-y-�s�t 0 dollars and ---- cents $ $ 6, 41 Each Adjust man holes 2�p50, ✓ dollars and • cents each 7. 23 Each covert eInstal9 Install 18"n 6g c# oncrrete ring and $ $ 2�C. &12 i'0. asphalt cap. -f"iC Jo 0ri,tL dollars and cents each g. 45 Each Replace existing 6-inch gate valve cap with $ $ / new adjustable SBF 1208 slip cap. Adjust to grade. Install 18" x 6" concrete ring and asphalt cap owfz t-r(.il�C�l", -AD v(;qfy dollars and - cents each 2-inch water valve cap g. 4 Each Replace i a new SBF 1243 adjustable valve box $ $ G cover. Adjust to grade. Install a 28 "dia. x 6" concrete ring and asphalt can- dollars and cents each • CON6649.DOC D-14 [10. 53 Each Adjust Survey Monuments dollars and cents each 11. 748 Sq. Yds. Stabilization Fabric(contingency item) $ $ dollars and cents each 12. Lump Sum Traffic control $ $ Oct). dollars and cents each 13. 554 Tons 4" Type III C2AR400 Asphalt concrete $ , $ / r-1 Ply- 0 1 dollars and cents each 14. 801 Tons 6" Class II Aggregate Base $ $ 15. dollLars 8,634 Sq. Yd. Pavement reinforcing fabric $ $ dollars and cents per square yard SevC-?,j t tWOZW N11467Y-Wvt fiflpC�S9 p, TOTAL AMOUNT OF BID CfVC- -nom 77VO4 AVC&Z- dollars and + `�`I' / cents. CON6649.DOC D-15 • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY , BIDDER AND.SUBMITTED WITH BID To the City of Encinitas,State of California: The undersigned in submitting a bid for Pavement Rehabilitation and Overlay Proiect F.Y. 2002- 2003, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated .in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. That the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City is personally interested,directly or indirectly;in this proposal;that this proposal is made without connection to any other individual;firm or corporation making a bid for the same work and that this proposal is in all respects fair and Without collusioh or fraud. Si at re of Bidder W.S. ROGUA, EXEC.VICE PRES. yn- _ T^uCTICIf CCIMPANY 6 i liY DRIVE Vt . Bu Jnjs�6%gdress SAN Dire,Vn �f�c (858)587;. �0 FAX(858)453-6034 LIC.75v542A Place of Residence Subscribed and sworn to before me this day of OliT , 20 f� Notary Public in and for the County State of California. My Commission Expires 200. KIMBERLY P A.�DEVINE CODA.01402184 NOTARY PUBLIC •CALNFORtiIA DNEGO 1�f.2007 CON6606.DOC D-16 r 1 . LIST OF CONTRACTORS AND,SUPPLIERS BIDDER is required to furnish the following information relative to the subcontractors and , suppliers he proposes to use. , If all work is to be done without subcontractors,write"none"in the following space: Name,Address& Phone Number of Subcontractors,Suppliers and Vendors Portion of Work Materials or Equipment Va„� r��u. y s f s, Q Cx,� PLANInl Cf �was,nom:C/> I Colo) C��2-! `I I ootjGc, cok i (71-t ssG cT ttA L- REFERENCES The following are the names, addresses, and phone numbers for three references for which BIDDER has performed similar work within the past two years: • 1. Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed 2. Na and o t owner Name and telep ne number of person familiar with project Contract amount Type of work Date completed 3. Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed CON6606.DOC D-17 r LIST OF CONTRACTORS AND SUPPLIERS BIDDER is required to furnish the following information relative to the subcontractors and suppliers he proposes to use. , If all work is to be done without subcontractors,write"none"in the following space: Name,Address& Pho ber of Subcontractor Suppliers and Vendors Portion of Work Materials or Equipment �sn�,a��- CL Z Uu °S REFERENCES The following are the names, addresses, and phone numbers for three references for which BIDDER has performed similar work within the past two years: • 1. Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed 2. Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed 3. Name and address of owner Name and telephone number of person familiar with project Contract amount Type of work Date completed CON6606.DOC D-17 REFERENCE LIST 1. Project Name: The Plaza at Encinitas Ranch • Owner: Encinitas Town Center Associates, c/o Zelman Development 707 Wilshire Blvd., Suite 3036 Los Angeles, CA,90017 ' Owners Rep.: Jerry McKee Phone No.: (213) 533-8100 Contract Price: $4,500,000.00 Date of Comp: 01/02 2. Project Name: Cannon Road Reach 1, Carlsbad, CA Owner: City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 Owners Rep.: Sherri Howard Phone No.: (760) 438-1161 Contract Price: $5,855,027.00 Date of Comp: 3/00 3. Project Name: Otay Mesa Road Widening Owner: The City of San Diego 9485 Aero Drive - MS18 San Diego, CA 92123 Owners Rep.: Harold Ritchie Phone No.: (619) 671-9843 Contract Price: $$10,433,814.00 Date of Comp: 11/99 4. Project Name: Leucadia Blvd./1-5 Owner: The City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024-3633 Owners Rep.: Gre Shields Phone No.: 760 633-2778 Contract Price: $4,985,127.00 Date of Comp: 9/99 5. Project Name: Carmel Valley Road Owner: Taylor Woodrow Homes 7220 Black Mountain Road San Diego, CA 92130 Owners Rep.: John Hammond Phone No.: 858) 484-4775, Ext. 103 Contract Price: $12,367,090.00 Date of Comp: 7/99 6. Project Name: Encinitas Town Center - Phase 1 Owner: Encinitas Town Center Associates, c/o Carltas Company 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 • Owners Rep.: John White Phone No.: (760) 431-5600 Contract Price: $8,000,000.00 Date of Comp: 12/98 r BIDDERS INFORMATION BIDDER declares under penalty of perjury under the laws of the State of California that the , representations made hereto are true and correct. . Bidder's Name HAZARD Cb N'STRUCTIO(+COMPANY � a i5� vNic , Business Address (858)587--�i li FkX(858)453-6034 Telephone State Contractor's License No. and Class Original Date Issued Expiration Date ', �Q EXCAVATION NOTICE "In the event Contractor is required to dig any trench or excavation that extends deeper than four feet below the surface in order to perform the work authorized under this contract, contractor agrees to promptly notify City in writing and before further disturbing the site if any of the conditions set forth below are discovered: 1. Material that the 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 the provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, ,different materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in this contract. A. City agrees to promptly investigate the conditions, and if City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in contractor's cost 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. B. That, in the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in 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 in this Contract, but shall proceed with all work to be performed under the Contract. Contractor shall retain any and all rights provided either by this contract or by law which CON6606.DOC D-18 • pertain to the resolution of disputes and protests between contracting parties." IN WITNESS WHEREOF, BIDDER executes ands bmits thid roposal with the names,title, hands and seals of all aforenamed principals this��ay of 003. BIDDER W.S. ROG , EXEC,VICE`PRES. �.— — F tiY DRIVE "A t 92192-9000 FAX(ASR)E�'�.R04et LIC.75U542A Subscribed and sworn to this day of —, 20 NOTARY PUBLIC i CON6649.DOC D-19 1 ' 1 i • PUBLIC CONTRACT CODESECTION 10162 QUESTIONNAIRE In accordance with Public Contract Code'Section 10162, the Bidder shall complete, under penalty of perjury,the following questionnaire: ' Has the bidder, any officer of the bidder, or 'any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes 00 1 If the answer is yes, explain the circumstances in the following space.. 1 r CON6606.DOC D-20 PROPOSAL GUARANTEE • FOR PAVEMENT REHABILITATION AND OVERLAY PROJECT F.Y. 2002-2003 ' *Strike out inapplicable phrases. ' erica in d rs * r r a check runner_I.Tmarle ,payable to the City of A*bond in favor of the City of Encinitas for 61y- ii7V0- ' dollars ($ go;soe, which amount is not less than ten percent(10%) of the total amount of this bid, is attached hereto • to guarantee the selected bidder will enter into a contract with the City of Encinitas in accordance with the proposal submitted. Receipt is hereby acknowledged of Addenda No(s).t One The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance certificate(s)within eight (8) days, not including Saturdays, Sundays, and Holiday.sall become the property of the Cityfof Encinitas.t the bidder's guarantee, after having received notice accompanying his bid sh Licensed in accordance with an ct providing_for the registration Contractors, License Class Signature of Bidder W.S. ROG S XE�VICE PRES. i CON6606.DOC D-21 ., (If an individual,so state. If a firm or co-partnership,state the firm name and give,the names of all individual co-partners composing the firm. If'a corporation,state legal name of corporation, name of state under which corporation was chartered, and the names and business addresses of president,treasurer,and manager thereof.) Firm Name N State HA�F,RD CONSTRUCTION,S7RJCTIGP!CG�fPANY ,, 6465 i,„, LuSTRY DRIVE P.O.BO;""220,WO kI NameTitle 8 .J - LaC i5U542AU FAX(858)453-6034 Business Address jPbp L%. umber DATED:/ Z— , 20 _•' 1A2.ARD CONSTRUCTION COMPANY. 14- nA, CON6606.DOC D-22 r BIDBOND FOR PAVEMENT REHABILITATION AND OVERLAY PROJECT ' F.Y. 2002-2003 ' KNOW ALL MEN BY THESE PRESENTS that HAZARD CONSTRUCTION COMPANY as BIDDER, and TRAVELERS CASUALT�AWWRETYCOMPANY OF AMERPOS SURETY, are held and firmly bound unto the City of Encinitas,in the penal sum of_ dollars($ which is ten percent (10%)' of the total amount bid by BIDDER to the CITY for the above stated project,for the payment of which sum, BIDDER and SURETY agree to be bound,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas, BIDDER is about to submit a bid to the CITY for the above stated project, if said bid is rejected,or if,said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified,then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the CITY.` IN WITNESS WHEREOF the,parties hereto have set their names,titles, hands, and seals this day of 20 V3 BIDDER NMRD CONSTRUCTION COMPANY W.S. ROGER C.-VICE PRES. _ SURETY 'tvrL5ng CA LTV M CO PA C5 Sl�1� NY OF AMERIC JACK PIE ATTORNEY-IN-FACT ACKNOWLEDGMENT of Execution by BIDDER and URETY in the proper format, shall be attached to this bond. CON6606.DOC D-23 State of California County of San Diego On August 12, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared W.S. Rogers, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed.the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KIMBERLY A.DEVINE cor4M.014MIS4 j NOTARYPISUC •CAIIFgWA SAN DIEGO COURY Cams:ion IrIr.21,2007 . State of California County of San Diego On August 5, 2003 before me, Kimberly A. Devine, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Y A, . NoVARYftftM.LfC�4 0 NE s""'��tC'"'FDgA"" s►� Abr.21.2flp7 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA • TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 0 POWER OF ATTORNEY AND CERTIFICATE OF AUT13ORITY OF ATTORNEYS)-IN-FACT , KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies',) hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jack G. Lupien, Dale G. Harshaw, Debra J. Niemeyer, Tara Bacon, of San Diego, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts 'of indemnity, and other writings' obligatory in the nature of a bond,'recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to,the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which,Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal.with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors,at any tune may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President 4ry delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards.of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY ANT SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect:, VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof]and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. CT FOR THE p JECT CONTRA VICES PR OF AN ENGINEERING SER CITY of Encinitas, a UCTION C Company, CONS RR Into by and between th Construction and entered „CITY„ and Hazard THIS CONTRACT is made to as ration, hereinafter referred al corporation, CONTRACTOR hereinafter ' hereinafter referred to RECITALS enerally described for to construct a public works project g CITY requires a general contrac as - ANA OVERLAY PROJECT PAVEMENT REHA81 l 2002-2�3 qualifications to the necessary skills and q re resents itself as possessing possesses the required contractors t required by the CITY and CONTRACTOR p � ublic works prOl mutual covenants construct the p recitals and the license; in consideration of these NOW THEP OREC n con TOR agree as follows' contained herein, CITY ent"X' which is CTOR'S OBLIGATIONS ttact which will 1.0 CO NTRA` length; and truct the public work thaif aysse bfo�h at leng CTOR shall cons 11 though 1.1 CONTRA orated herein as attached hereto and inCOrp PROJECT°• furnish all of referred to as in a professional manner,,supplies and hereinafter be cost and expense, other personnel, jj: ACTOR office space and facilities,p an shall, it its own rofessional and i-tation, except a. 1.2 CO techri�l administrative, P transp Tinting,Vehicles, eans whatsoever proper the labor, ent,tools, p and all other m necessary CTOR e ui m calculations, CITY, materials, q p and analyse to be furnished by all tests, testing expressly specified services required of CONT herein otherwise complete the work and provide the perform and comp for the co this CONTRACT' services necessary r those and any payments ►T is hired to rende manner, 1.3 The CONTRACTOR in a professional of the PROJECT for those services• constn.+ctiCTOR are compensation fully of this CONTRACT all p CONTRA bout the full term State, and F CONTRACTOR shall maintain iced in 1 with all City, 1 4 es required in order to c°mp Y ce�iti performance of this CONTRACT CTOR's employees nc in shall pay wages to CONTRAC the Director of th f CTOR " issue The CONTRA W age Rates 1.5 current Prevailing to of California. current of the State Industria�o�K � 2.0 EXTRA CON6649 DOC E-1 2.1 The CONTRACTOR, in providing the services as set forth herein, shall not perform work in excess of the PROJECT without the written permission of the CITY or its designated representative. All requests for extra work shall be by written Change Order submitted to CITY prior to the commencement of such extra work. The cost or credit to CITY resulting from changes in the services shall be determined in accordance with the procedure described in paragraph 2.2, below. 2.2 CONTRACTOR shall seek compensation, or CITY shall be allowed any credit, for any change made by CITY pursuant to paragraph 2.1, in the following manner: A. CONTRACTOR shall submit a written claim for compensation in the form of a lump sum proposal (unless otherwise requested) with an itemized breakdown of all increases or decreases in the cost of CONTRACTOR's and subcontractors' work. Any or all of the following detail may be required by CITY: 1. Material quantities and unit costs; 2. Labor costs (identified with specific item of material to be placed or operation to be performed); 3. Construction equipment; 4. Worker's Compensation and Public Liability Insurance; 5. General and field overhead; 6. Profit; and 7. Employment taxes. B. The overhead and profit percentages included in the proposal shall not exceed the maximums given in subparagraph C, and shall be considered to include, without limitation, insurance (other than that mentioned in this Section), bond or bonds, use of small tools, incidental job burdens, and general job expense. No percentages for overhead or profit will be allowed on employment taxes. The percentages for overhead and profit shall be negotiated and may vary according to the nature, extent, and complexity of the work involved. Not more than three percentages, not to exceed the maximum in subparagraph C, will be allowed regardless of the number of subcontractors; that is, any markup of subcontractor's work is limited to one overhead percentage and one profit will be added to the direct cost decrease for proposals that decrease the CONTRACT amount. C. Overhead and profit will each be limited to ten percent (10%) of the total sum of proposed changes for work performed by CONTRACTOR and its subcontractors. D. Any request for a time extension will be included with CONTRACTOR's proposal. CON6649.DOC 05K10 Jul 92 E-2 E. CITY shall consider CONTRACTOR's proposal in detail, utilizing unit prices where specified or agreed upon for calculating CONTRACTOR' estimates, to determine compensation. F. After receiving CONTRACTOR's detailed proposal, the CITY's designated representative for the PROJECT shall promptly review and take action on it. When the immediate need to proceed with a change is indicated through written communication by the City, the CONTRACTOR shall proceed on the basis of a price determined at the earliest practicable date but not more than the increase or less than the decrease proposed by CONTRACTOR. G. Any claim for compensation due to Differing Site Conditions, as defined by the Standard Specifications for Public Works Construction, 1997 edition (the "Green Book") is subject to and shall be in accordance with the requirements and limitations set forth I subparagraphs A through G of this paragraph 2.2. All other claims for compensation submitted by CONTRACTOR under this CONTRACT shall be subject to the requirements and limitations of subparagraphs A through E of this paragraph 2.2. H. Upon written request by the CITY's designated representative for the PROJECT, CONTRACTOR shall submit a proposal, in accordance with the requirements and limitations set out in subparagraphs A through G of this paragraph 2.2, for work involving contemplated changes covered by the request, within the time limit indicated in the request or any extension of such time limit that may be subsequently granted. If, within a reasonable time after receiving CONTRACTOR's proposal, the CITY's designated representative for the PROJECT directs CONTRACTOR to proceed with performing the proposed work, the proposal shall constitute CONTRACTOR' claim for compensation. I. CONTRACTOR understands that project changes in excess of $25,000 may require approval by the CITY's City Council. Such approval may occur only during regularly scheduled City Council meetings that occur three times each month. 3.0 PAYMENT FOR SERVICES Payment for CONTRACTORS work to be rendered hereunder shall be in accordance with the provisions of the Bid Schedule in Section F, Bid Forms, which is attached hereto and incorporated herein as though fully set forth at length. 3.5 SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM 3.5.1 CONTRACTOR shall post and maintain during the full term of this CONTRACT, the following security for CONTRACTOR's promise to perform this CONTRACT: A. The amount of the performance security shall be: 100%. B. The form of the security shall be: CON6649.DOC 05K 10 Jul 92 E-3 1. Cash; 2. Cashier's check made payable to the CITY; 3. A certified check made payable to the CITY; 4. A 100% performance and labor and material bond executed by an approved surety insurer, made payable to the City; or 5. The CONTRACTOR may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of § 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities. 3.5.2 CITY shall retain 10% of each payment due CONTRACTOR under this contract until completion and acceptance of the PROJECT. In accordance with the provisions of § 22300 of the Public Contract Code, the CONTRACTOR may elect to deposit securities of a value equivalent to the retention and thereby become entitled to receive 100% of the payments, without retention. The City will make the final determination as to the value of the posted securities. 3.5.3 In accordance with Civil Code §3247, CONTRACTOR shall post and maintain during the full term of this CONTRACT, the following security for CONTRACTOR's promise to pay for all labor, materials and equipment in the performance of this CONTRACT. A. The amount of the payment (labor and materials) security shall be: 100%. B. The form of the security shall be: 1. Cash; 2. Cashiers check made payable to the CITY; 3. A certified check made payable to the CITY; 4. A 100% labor and materials bond executed by an approved surety insurer, admitted in the State of California, made payable to the City; or 5. The CONTRACTOR may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of § 22300 of the Public Contract Code. The City will make the final determination as to the vakie of the posted securities. 4.0 TERM OF CONTRACT 4.1 This CONTRACT shall be effective on and from the day, month and year of its execution by CITY. CON6649.DOC 051 10 Jul 92 E-4 4.2 CONTRACTOR shall commence the construction of the PROJECT within 15 days from the date of a written Notice to Proceed and shall continue until all tasks to be performed hereunder are completed or this CONTRACT is otherwise terminated. 4.3 CONTRACTOR shall fully complete the performance of this contact within forty- five working days of the date on the Notice to Proceed. 5.0 TERMINATION OF CONTRACT 5.1 CITY may terminate this CONTRACT at any time. Notice will be in writing at least ten (10) days before the effective termination date. If CITY terminates the CONTRACT, it will pay CONTRACTOR for all effort and material expended under the terms of this CONTRACT, up to the date of notice. 5.2 Subject to paragraph 5.6, below, CONTRACTOR may terminate this CONTRACT at any time with CITY's mutual consent. Notice will be in writing at least fifteen (15) days before the effective termination date. 5.3 Subject to Paragraph 5.7, below, if CONTRACTOR fails to properly perform its obligations in a timely manner due to any cause, or if CONTRACTOR violates any part of this CONTRACT, CITY shall have the right to terminate this CONTRACT. Notice will be in writing at least fifteen (15) days before the effective termination date. Should this occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONTRACTOR shall, at CITY's option, become CITY's property, and CONTRACTOR shall receive just and equitable compensation for any work satisfactorily completed up to the effective date of termination, not to exceed the total costs under Section 3.0. 5.4 Should the CONTRACT be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 5.5 By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 5.6 Neither party shall be deemed to be in breach of this CONTRACT based on a breach which is capable of being cured until after it has received written notice of the breach from the other party. The party charged with breach shall have ten (10) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the CONTRACT was breached have not been cured or explained to the satisfaction of the other party within ten (10) days from the date on which the party received notice of breach, the non-breaching party may terminate this CONTRACT. 6.0 STATUS OF CONTRACTOR The CONTRACTOR shall perform the services provided for herein in a manner of CONTRACTOR's own choice, as an independent contractor and in pursuit of CONTRACTOR's independent calling, and not as an employee of the CITY. CONTRACTOR shall be under control of the CITY only as to the result to be accomplished and the personnel assigned to the project. However, CONTRACTOR shall confer with the CITY as required to perform this CONTRACT. CON6649.DOC 05K10 Jul 92 E-5 7.0 SUBCONTRACTING 7.1 As required by California Public Contract Code Section 4104, the CONTRACTOR has set forth the list of subcontractors and suppliers in Section F, Bid Forms, which is attached hereto and incorporated herein as though fully set forth at length: A. The name and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and/or install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of 1/2 of 1% of the CONTRACTORS total bid. B. The portion of work which will be done by each listed subcontractor; and C. Only one subcontractor for each portion of the work. 7.2 If the CONTRACTOR subcontracts any of the work to be performed under this CONTRACT, CONTRACTOR shall be as fully responsible to the CITY or the acts and omissions of the CONTRACTOR' subcontractor and of the persons either directly or indirectly employed by the subcontractor, as CONTRACTOR is for the acts and omissions of persons directly employed by CONTRACTOR. Nothing contained in the CONTRACT shall create any contractual relationship between any subcontractor of CONTRACTOR and the CITY. The CONTRACTOR shall bind every subcontractor by the terms of the CONTRACT applicable to CONTRACTOR' work unless specifically noted to the contrary in the subcontract in question approved in writing by the CITY. 8.0 ASSIGNMENT OF CONTRACT The CONTRACTOR has no authority or right to assign this CONTRACT or any part thereof or any monies due thereunder without first obtaining the prior written consent of the CITY. 9.0 EQUALS The PROJECT description designates specific brands or trade names. In accordance with Public Contract Code § 3400, the CONTRACTOR proposes "an equal" item indicated in Attachment D which is attached hereto and incorporated herein as though fully set forth at length. 10.0 VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent or employee of the CITY, either before, during or after the execution of this CONTRACT, shall effect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitle CONTRACTOR to any addition payment whatsoever under the terms of this CONTRACT. 11.0 DISPUTES CON6649.DOC 05K10 Jul 92 E-6 11.1 If a dispute should arise regarding the performance of this CONTRACT, the following procedures shall be used to resolve any question of fact or interpretation of the terms of this CONTRACT, including any plans and specifications included in this CONTRACT, which are not otherwise settled by agreement between the parties. 11.1.1 Disputed facts or interpretations of the terms of this CONTRACT shall be clearly identified and reduced to writing by the party making the claim, with a copy delivered in person, mail, overnight delivery, or telecopier transmission, not later than fifteen (15) calendar days following the date of the event, change in circumstance, determination of dispute in interpretation, or the discovery of the event, change in circumstance, or dispute in interpretation. The documented dispute shall also include recommended methods of resolution, which would be of benefit to both parties. 11.1.2 Within ten (10) calendar days of receipt of the documented dispute the party receiving the correspondence shall deliver a reply, including with the reply the responding party's recommended methods of resolution, to the complaining party. Delivery of the reply shall be in person, by mail, overnight delivery, or telecopier transmission, so long as it is received by the complaining party within the time described in this subparagraph. 11.1.3 If the parties have not resolved the dispute within five (5) calendar days of the delivery of the responding party's reply to the dispute, the complaining party shall send a letter within five (5) calendar days, outlining the dispute, together with the documented dispute and reply, to CITY's Engineering Services Director for resolution. The Director shall have ten (10) calendar days within which to resolve the dispute and serve a notice of decision on each of the parties in the manner set forth in this Section for delivery of claims. Should the Director fail to resolve the dispute within this ten (10) calendar day period, the Director shall take no further action on the dispute except to notify the parties, in the manner set forth in this Section for delivery of claims, that the dispute shall be deemed unresolved and the complaining party may proceed with resolution of the dispute in accordance with paragraphs 11.2 and 11.3, below. 11.2 The parties mutually agree that any dispute arising out of or relating to this CONTRACT, or its breach, that cannot be settled by negotiation shall be first submitted to mediation under the Commercial Mediation Rules of the American Arbitration Association before resorting to arbitration, litigation, or other action. 11.3 CITY has elected to resolve any disputes under this CONTRACT pursuant to Article 7.1 (commending with section 10240) of Chapter 1 of Part 2 of the California Public Contract Code. Claims, disputes and other matters in question between the parties to this CONTRACT, arising out of or relating to this CONTRACT or the breach thereof, shall be decided by arbitration in accordance with the current rules of the American Arbitration Association unless the parties mutually agree otherwise. 11.3.1 No demand for arbitration may be made until the party making demand for arbitration has first complied with the procedures set forth in paragraphs 11.1 and 11.2 of this Section 11. CON6649.DOC 05K 10 Jul 92 E-7 11.3.2 The claimant shall initiate arbitration within ninety (90) calendar days after the date of service of the notice of decision or notice of non-decision of the CITY's Engineering Services Director in accordance with Public Contract Code section 10240.1. 11.3.2 No arbitration arising out of or relating to this CONTRACT, shall include, by consolidation,joinder or in any other manner, any additional person not a party to this CONTRACT except by written consent containing a specific reference to this CONTRACT and signed by CONTRACTOR, CITY, and any other person sought to be joined. 11.3.3 Any consent to arbitration involving an additional person or persons shall not constitute consent of any dispute not described therein or with any person not named or described therein. This CONTRACT to arbitrate and any CONTRACT to arbitrate with additional person or persons duly consented to by the parties to this CONTRACT shall be specifically enforceable under the prevailing arbitration law. 11.3.4 Notice of the demand for arbitration is to be filed in writing with the other party to this CONTRACT and with the American Arbitration Association. The demand is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event is the demand for arbitration to be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 12.0 HOLD HARMLESS 12.1 CONTRACTOR agrees to indemnify and hold the CITY and CITY's officers, officials, employees and agents harmless from, and against any and all liabilities, claims, demands, causes of action, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of CONTRACTOR or CONTRACTOR's agents, employees, subcontractors, officials, officers or representatives. Upon demand, CONTRACTOR shall, at its own expense, defend CITY and CITY's officers, officials, employees and agents, from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs. 12.2 CONTRACTOR's obligation herein includes, but is not limited to, alleged defects in the construction of the improvements; alleged defects in the materials furnished in the construction of the improvements; alleged injury to persons or property; alleged inverse condemnation of property as a consequence of the construction or maintenance of the work or the improvement; and any accident, loss or damage to the work or the improvements prior to the acceptance of same by CITY. 12.3 By inspecting, approving or accepting the improvements, CITY shall not have waived the protections afforded herein to CITY and CITY's officers, officials, employees and agents or diminished the obligation of CONTRACTOR who shall remain obligated in the same degree to indemnify and hold CITY and CITY's officers, officials, employees and agents, harmless as provided above. CON6649.DOC 05K10 Jul 92 E-8 13.0 INSURANCE 13.1 The CONTRACTOR shall obtain and for the full term of this CONTRACT maintain a policy of motor vehicle liability, general liability and property damage insurance from an insurance company approved by City and licensed and admitted to be transacting business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000.00) for each occurrence and in the aggregate. The insurance policy shall provide that the policy shall remain in force during the life of this CONTRACT and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to CITY from the insurance company. 13.2 The CITY shall be named as an additional insured on CONTRACTOR's policies. 13.3 Prior to commencement of work under this CONTRACT, CONTRACTOR shall furnish endorsements from each of the insurance companies. 14.0 NOTICES 14.1 Any notices to be given under this CONTRACT, or otherwise, shall be served by certified mail. 14.2 For the purposes hereof, unless otherwise provided in writing by the parties hereto, the address of CITY and the proper person to receive any such notice on its behalf is: Peter Cota-Robles Director of Engineering Services City of Encinitas 505 S. Vulcan Avenue Encinitas, CA 92024 and the address of CONTRACTOR and the proper person to receive any such notice on its behalf is: W.S. Rogers Hazard Construction Company 6465 Marindustry Drive P.O. Box 229000 San Diego, CA 92192-9000 15.0 CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 "CONTRACTOR certifies that CONTRACTOR is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Secs. 1101-1525) 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." 16.0 AFFIDAVIT OF NONCOLLUSION CON6649.DOC 05K10 Jul 92 E-9 As required by California Public Contracts Code section 7106, the CONTRACTOR has submitted as Attachment E the affidavit of noncollusion, which is attached hereto and incorporated herein as though fully set forth at length. CITY OF ENCINITAS HAZARD CONSTRUCTION CO. by by .� Peter Cota-Robles W.S. Rog6rV Director of Engineering Services ExecutivCVice President Dated: 7 9 Dated: CON6649.DOC 05K10 Jul 92 E-10 Bond No. 104093324 Executed in Duplicate Premium: $4,759.00 FAITHFUL PERFORMANCE BOND FOR PAVEMENT REHABILITATIONAND OVERLAY PROJECT F.Y. 2002-2003 KNOW ALL MEN BY THESE PRESENTS that HAZARD CONSTRUCTION COMPANY as CONTRACTOR and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as SURETY, are held and firmly bound unto the City of Encinitas,as the CITY, in the penal sum of_ * dollars($793,124.70--), which is one-hundred percent of the total contract amount for the above-stated project,for the payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally,firmly by these presents. *SEVEN HUNDRED NINETY-THREE THOUSAND ONE HUNDRED TWENTY-FOUR AND 70/100THS-------------------------- THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with the CITY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the CITY. As part of the obligation secured hereby and in addition to the face amount specified therefor,including reasonable attorneys'fees incurred by the CITY in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names,titles, hands, and seals this 16TH day of SEPTEMBER 2003 , CONTRACTOR HAZARD CONSTRUCTION COMPANY SURETY TRAVELERS UAL Y ANQSURE 'COMPANY OF AMERICA JACK'G. LUPIEN, ATTO!1V -I yF T ACKNOWLEDGMENT of Execution by CONTRACTOR and SURETY in the proper format, shall be attached to this bond. CON6649DOC 05K 10 Jul 92 E-11 State of California ) County of San Diego.) On September 16, 2003 before me, Tara Bacon, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. TARA BACON ■ +P COMM.#1303300 0 WITNESS my hand and official seal. v NOTARY PUBLIC CALIFORNIA us "� SAN DIEGO COUNTY t, My Commission Expires MAY 4.2005 CIA_ A Q TRAVELERb CASUALTY AND SURETY COMPANY OF AM.6RICA TRAVELERS CASUALTY AND SURETY CONPANY FARM L TON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON- CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make; constitute and appoint: Jack G. Lupien, Dale G. Harshaw, Debra J. Niemeyer, Tara Bacon, of San Diego, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies; and all the acts of said Attornev(s)-in-Fact pursuant to the authority herein given,are heretny ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies; which Resolutions are now in full force and effect: VOTED: That the Chairman,the President any Vice Chairman,any Executive Vice President any Senior Vice President any Vice President,any Second Vice President the Treasurer, any Assistant Treasurer,the Corporate Se retary or any Assistant Secretary may appoint Attorneys-in-Fast and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power.given him or her. VOTED: That the Chairman, the President any Vice Chairman, any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond recognizance, or conditional undertalzng shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President any Senior Vice President or any Vice President any Second Vice President the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secwa n!and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARAUNGTON CASUALTY COMPANTY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President any Executive Vice President any Senior Vice President any Vice President any Assistant Vice President any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-o0 Standard) Executed in Duplicate Bond No. 104093324 Premium: Included in Performance Bond LABOR AND MATERIALS BOND FOR PAVEMENT REHABILITATION AND OVERLAY PROJECT F.Y. 2002-2003 KNOW ALL MEN BY THESE PRESENTS that HAZARD CONSTRUCTION COMPANY as CONTRACTOR, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as SURETY, are held and firmly bound unto the City of Encinitas,as the CITY, in the penal sum of_ * dollars ($793,124.70--) which is one hundred percent of the total contract amount for the above stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound,jointly and severally,firmly by these presents. *SEVEN HUNDRED NINETY-THREE THOUSAND ONE HUNDRED TWENTY-FOUR AND 70/100THS-------------------------- THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with the CITY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract,or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, and also in case suit is brought upon this bond, will pay in addition to the face amount thereof costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the CITY in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs to be included in the judgment therein rendered, which amount shall inure to the benefit of all person entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names,titles, hands, and seals this 16TH day of SEPTEMBER , 2003 , CONTRACTOR HAZARD CONSTRUCTION COMPANY SURETY TRAVELERS UALTY AND SURETY COMPANY OF AMERICA JACK/G. LUPIEN, ATT V N-FACT ACKNOWLEDGMENT of Execution by CONTRACTOR and SURETY in the proper format,shall be attached to this bond. CON6649DOC 05K1a Jul 92 E-12 State of California ) County of San Diego.) On S=ember 16, 2003 before me, Tara Bacon, Notary Public, personally appeared Jack G. Lupien, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person acted, executed the instrument. TARA BACON COMM.#1303300 o WITNESS my hand and official seal. v ,w NOTARY PUBUC-CALIFORNIA U) td) a SAN DIEGO,COUNTY V My Commission Expires MAY 4,2005 TRAVELERS CASUALTY AND:SURETY COMPAA'Y-OF AM.t.RICA TRAVELERS CASUALTY AND SURETY COAIPAt1'T FARbMNGTOI1 CASUALTY COMPANY Bamford, Connecticut 06183-9062 POViTER OF ATTORNEY AND CERTIFIC.TE OF AUTHORM OF ATTORA7EY(S)-Lh-£ACT y IMW ALL PERSONS BY THESE PRESEA-M, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON- CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut_, and having their principal offices in the City of Hartford, Count- of Rardord; Sate of Connecticut., (hereinafter the "Companies") hath made, constituted and appointed, and,do bs' these oreseents make, constitute and appoint: Jack G. Lupien, Dale G. Harshaw, Debra J. Niemeyer,.Tara Bacon; of San Diego, California; their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acamowiedge, at arty pla:e within the United Sates; the following instrument(s): by histher sole sipature and acs any and all bonds, reec;ognizanzes, contracts of indemniry, and other writings obligatory in the nature of a bond, recognizanc:, or condition? unwrtakting and hay and all consmus incident thereto and to bind the Companies; thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies; and all the actss of said Attornev(s)-in Fam.. pursuant to the authority,her-em given, are hereby ratified and confirmed. Tanis appointment is made under and by authority of the following Standing Resoiutions of said Companies; which Fcesolutions are now in full force and effe„^ VO't�: Tnat the Chairman_the?resident any Vice Chairman,any Executive Vice President any Senior Vice President any Vice President any Second Vice Presiden the Treasure, any Assistant Treasure; the Corporate Secretary ar any Assistan Secretary'may appoint Attornevs _: act and Agen-s to act for and on b°..nalf of the company and may give such appointer such authority as his or her certificate of authority may prescribe to sign With the Company's name and seal With the Company's seal bonds,recognizances; corrects of indemnity, and other-Anbngs obligatory in the nar re of a bond;recognizance,or conditional undertaking,and any of said offic.--a or the Board of Dire--tors at any time may remove any such appointee and revoke the poww.given him or het. VOT�..D: That the Chairman, the President any Vice Chairman, any Executive Vice President any Senior. Vice President or any Vice President may delegate aL or any part of the foregoing authority to one or more ofncers or emplovees of this Company.,provided that each such delegation is in Wmlting and a coP),thereof is flied in the office of the Secretary. VO%D: Tnat any bond, rrco_ffiizance, convact of indemnity, or writing obligator! in the nature of a bond_ recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President any Vice Chairman-any Executive Vice President any Senior Vice President or any Vice President, any Second Vice President the Treasurer, ant,Assistant Treasurer, the Corporate Secretary or any Assistant S==can and duly attested and Baled with the Compaq}.,s seal by a Sew emn,or Assistant Secretary,or(o)duly executed(uncle:seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power presc.-zted in his or her certificate or their certificates of authority or DV one or more Company ofvicers pursuant to a Written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY ANT SURETY CO_MPA_N-Y OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPAXY,which Resolution is now in full force and effect: VO : :net the signature of each of the following officers: President an-, Executive Vice President any Senior Vice President, any Vice President any Assistant Vice President any.Secretary, any Assistant Secretary, and the seal of the Company maybe affixed by facsimile to any power of attorney or to any ca-tificatee reiating thereto appointing Resident Vice Tresidentss,Resident Assistant Secretaries or Atto net's-in-Fact for purposes only of executing and attesting bonds and undertakings and other Writings obhgatory in the nature thereof,and any such power of attorney or "cruncate bearms such facsimile signature or facsimile seal shall be valid and binding upon the Company and am such power so executed and cer-,ified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with resper to any bond or undtnakine to which.it is attached_ BOND NUMBER: 104093324 Travelers �40� IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ATTACHMENT A PAVEMENT REHABILITATION AND OVERLAY PROJECT FY 2002-2003 WORK TO BE DONE All work shall be done in accordance with the Special Provisions,the "Greenbook Standard Specifications for Public Works Construction (2003 edition), and the July, 1992 edition of the State of California Department of Transportation Standard Specifications,the San Diego Area Regional Standard Drawings (March, 1997 edition),and the State of California Department of Transportation Standard Plans (July, 1992 edition). The work to be done is located City-wide. In general,the work involves PMAC Overlay,variable cold plane,striping,legends, manhole adjustments,water valve adjustments,survey monument adjustments,and other appurtenant work. Specific items and quantities of work are listed in the Bid Schedule. CON6649.DOC 05K i 0 Jul 92 E-14