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2009 CMD09B - La Costa Ave. Slope Repair CONTRACT FOR THE CONSTRUCTION OF AN ENGINEERING SERVICES PROJECT THIS CONTRACT is made and entered into by and between the CITY of Encinitas, a municipal corporation, hereinafter referred to as "CITY", and Sierra Pacific West, Inc., hereinafter referred to as "CONTRACTOR". RECITALS CITY requires a general contractor to construct a public works project generally described as LA COSTA AVENUE SLOPE REPAIR CONTRACTOR represents itself as possessing the necessary skills and qualifications to construct the public works project required by the CITY and possesses the required contractors license; NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1.0 CONTRACTOR'S OBLIGATIONS 1.1 CONTRACTOR shall construct the public work which is described in Attachment A, which is attached hereto and incorporated herein as though fully set forth at length; and which will hereinafter be referred to as "PROJECT". 1.2 The CONTRACTOR shall perform all work required to construct the PROJECT in conformity with applicable requirements of all City, State, and federal laws. 1.3 The CONTRACTOR is hired to render professional services and any payments made to CONTRACTOR are compensation fully for such services. 1.4 CONTRACTOR shall maintain throughout the full term of this CONTRACT all professional certifications and licenses required in order to comply with all City, State, and federal laws in the performance of this CONTRACT. 1.5 The CONTRACTOR shall pay to all laborers and mechanics employed on the project not less than the wages prevailing in the locality of the project, as predetermined by the secretary of labor of the United States pursuant to the Davis-Bacon Act (Title 40, U.S.C. sect. 276a-276a-5). 2.0 EXTRA WORK 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. 3.0 PAYMENT FOR SERVICES Payment for CONTRACTOR' work to be rendered hereunder shall be in accordance with the provisions of the Bid Schedule in Section D, 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 faithful performance 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% faithful performance 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 perform 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, 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. 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. 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 25 working days from the date of a written notice to proceed. 5.0 TERMINATION OF CONTRACT In the event of the CONTRACTOR'S failure to prosecute, deliver, or perform the work as provided for in this CONTRACT, the CITY may terminate this CONTRACT by notifying the CONTRACTOR by certified mail of said termination. 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. 7.0 SUBCONTRACTING 7.1 As required by California Public Contract Code Section 4104, the CONTRACTOR has set forth in 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's 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's 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 11.1 If a dispute should arise regarding the performance of this CONTRACT, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the CONTRACT, shall be reduced to writing by the complaining party. A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution, which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten(10) days of receipt of the letter. 11.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City Engineering Services Director to be resolved. 11.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them by law. 11.4 Pursuant to Public Contracts Code section 20104, a claim by the CONTRACTOR for a time extension; payment of money or damages arising from work done by or on behalf of the CONTRACTOR pursuant to the CONTRACT which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the CITY, shall be dealt with as follows: A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the CONTRACT for the filing of claims. B. Claim of less than fifty thousand dollars: 1. For claims of less than fifty thousand dollars, the CITY shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the CITY may have against the claimant. 2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the CITY and the claimant. 3. The CITY's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, which ever is greater. C. Claim of fifty thousand dollars or more: 1. For claims of fifty thousand dollars or more, the CITY shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the CITY may have against the claimant. 2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. 3. The CITY's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. D. If the claimant disputes the CITY's written response, or the CITY fails to respond within the time prescribed, the claimant may so notify the CITY, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the CITY's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute. E. If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference. F. A civil action filed to resolve a claim subject to Section 11.4 of this CONTRACT shall be subject to the provisions of PCC §§ 20104.4 and 20104.6. 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. 12.4 CONTRACTOR's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the CITY's intentional wrongful acts, violations of law, or the CITY's sole active negligence. 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 92024-3633 and the address of CONTRACTOR and the proper person to receive any such notice on its behalf is: Sierra Pacific West, Inc. Attn: Thomas L. Brown, President P.O. Box 231640 Encinitas, CA 92023-1640 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 As required by California Public Contracts Code section 7106, the CONTRACTOR has submitted within Section F, Bid Forms, affidavit of non-collusion affidavit, which is attached hereto and incorporated herein as though fully set forth at length. SIERRA PA IFIC W T, INC. CITY OF EN IT by by Mn. Thomas L tr w , President Peter Cota-Robles Director of Engineering Services Dated: February 12, 2009 Dated: /2.& rZ� �? ATTACHMENT A LA COSTA AVE SLOPE REPAIR WORK TO BE DONE All work shall be done in accordance with the Special Provisions, the "Greenbook" Standard Specifications for Public Works Construction (2006 edition), and the San Diego Area Regional Standard Drawings (April, 2003 edition), Caltrans Standard Specifications (May, 2006 edition), and the plans, drawing number 0060 Sl unless otherwise indicated on the plans. DESCRIPTION OF WORK FOR LA COSTA AVENUE SLOPE REPAIR The work consists of all earthwork, required to repair the slope on the north side of La Costa Avenue between Interstate 5 and Vulcan Avenue for a reach of about 200 feet. All work to be done in accordance to the project plans and specifications. Executed in Two (2) original Bond Number: 105229749 Premium included in Performance Bond. Labor and Materials Bond for LA COSTA A v E SLOPE REPAIR Know all men by these presents that Sierra Pacific West, Inc. 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 8nne�H��L ety Nine Thousand,Four dollars ($ 19.9,456.71 ) which is one hundred percent of r Fift ix and Nine Thousand, the total contract amount for the above stated project, for payment of which sum, Cortractor and Surety agree to be bound,jointly and severally, firmly by these presents. 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 iced 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 ftnnished, 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 11th day of February 2009 Contractor Sierra Pacifig West, Inc. B : A/ Thomas L. Bro , President Surly Travelers Casualty and Surety Company of America B : 1 ames aldassare, J ., Atto ey-In-Fact Acknowledgment of Execution by Contractor and Surety in the proper format, shall be attached to this bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On FFR 1 1 7009 before me, Johanna Smith, Notary Public ate Here Insert Name and Title of the Officer personally appeared James Baldassare, Jr. who proved to me on the basis of satisfactory evidence to be the person(g) whose name(x) is/arse subscribed to the within instrument and acknowledged to me that he/s�ft executed the same in his/lxwAbeir authorized capacity(ces c and that by his/W)ft,r signature(s) on the JOHANNASMfTH instrument the person(, or the entity upon behalf of " COMM.#1750064 which the personal acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA 0 SAN DIEGO COUNTY � I certify under PENALTY OF PERJURY under the laws My Commission Expires JUNE to,20)11 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand an official seal. Signature Place Notary Seal Above Signature of N ery fyublk OPTIONAL Though the information below is not required by law, it may prove valuable to pe ons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual • Corporate Officer—Title(s): ❑Corporate Officer—Title(s): • Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact • • Trustee Top of thumb here ❑Trustee Top of thumb here • Guardian or Conservator O Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 Nallonal Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-www.NabonaiNotary.org Item#5907 Reorder:Call Toll-Fee 1.800-676-6627 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,01k POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217991 Certificate No. 002467610 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Christine A. Paterson, Penny E.Kelley,James Baldassare Jr.,Lawrence F.McMahon,James R.Sommerville,and America San Martin of the City of San Diego , State of California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 25th day of June 2008 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company ,United States Fidelity and Guaranty Company GI.SU,� SURETY FIFE 6 �N INf� :1 NS(:q�.t p TY q/•� Y vaNnrp JP......", ti� 'cua % { p W .o F w INRTFORD. ` pONtL N 1896 1�•.SBRL:'a 4yy"'�vEct�a° �i� QO Nk�°T e'•• 'a'rI �`>:'�...... �•a° Osr � O�p a. >•� � M' `�OF hEW ",�„ „."cc fS"•A 1,-1r .....re si • ',, + , A�bP" State of Connecticut By: City of Hartford ss. /Geor.-I&Thompson, enior ice President On this the 25th day of June 2008before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. et*In Witness Whereof,I hereunto set my hand and official seal.My Commission expires the 30th day of June,2011. Marie C.Teveauu,Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On tie w..« f ,2-. 20 0 9 before me, \n{e r d� �-^�'z`X' ��-# 1�U_L- -`C_ , ,,1.,2-. 2-009 ate —� Here Insert Name aAdIrifle of the Officer EJ personally appeared L- - Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(A) is subscribed to the within instrument and acknowledged to me that (ge sXe/t<y executed the same i is r/tt)ir authorized capacity(), and that by @/Wr/t it signature( on the 11'a MO M&Y instrument the person(, or the entity upon behalf of Ccnyra )n#1566506 which the person( acted, executed the instrument. Notary Rr AC-CaMlaeria Son Dle'9112 Cixtnly 11P.W Comm.EXPketApr4,2004 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature\,, '2 c D. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ 11 Partner—F-1 Limited ❑ General • Attorney in Fact =lFi ❑ Attorney in Fact • Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NabonaiNotary.org Item#5907 Reorder.Call Tall-Free 1-800-876-8827 Executed in Two (2) original Bond .umber: 105229749 Premium: $2,294.00 Premium is for conract term and subject to adjustment based on final contract price. FaithfW Performance Bond for LA COSTA AVE. SLOPE REPAIR Know aU.M.eo by these presents that Sierra Pacific West, Inc. as Contractor au,d Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City of Encinitas, as the City, in the penal sum of One Hundred Ninety Nine Thousand,Four Hundred Fifty Six and 71/100 dollars ($ 199,456.71 ) Wl)jCl] 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,finuly by these presents. The conditions of this obligation are such that, whereas Contractor has been awarded and is about to =ter 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 maxwer and time specified therein, then this obligation shall be null and void, otherwise it shall remain in fall 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, a).l to be taxed as costs and included in any judgmn mt rendered; provided that any alterati.ons 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 11 th day of February I 2009 , Contractor Sierra Pacific West Inc By: Thomas L. Brown President Surety Travelers Caqualty and Surety Company of America B : Jame Baldassare, "r., Atto ey-In-Fact Acknowledgment of Execution by Contractor and Surety in the proper format, shall be attached to this bond. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On before me, Johanna Smith, Notary Public Here Insert Name and Title of the Officer personally appeared James Baldassase9, Jr. who proved to me on the basis of satisfactory evidence to be the person(gi whose name(x) is/ape subscribed to the within instrument and acknowledged to me that he/O tuft executed the same in his/keo,(tbeir authorized capacity(igsq, and that by his/W) yW signature(s) on the instrument the person(sr), or the entity upon behalf of .� JOHANNASM which the person6Q acted, executed the instrument. U NOT RY P BL C1 CALIFORNIA In � SAN 17tEQ0 COUNTY cc I certify under PENALTY OF PERJURY under the laws MyCommiaelonExpires of the State of California that the foregoing paragraph is d6JN 1Q 2(31t true and correct. WITNESS my hand and official se Place Notary Seal Above Signature Signatur of ry Public OPTIONAL Though the information below is not required by law,it may prove valuable t ersons relying on the document and could prevent fraudulent removal and reattachment of this for to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 9131 3-2402•www.NationaiNotaryorg Item#5907 Reorder.Call Tog-Free 1-800-876-6827 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER k POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217991 Certificate No. O O 2 4 6 7 6 O 9 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Christine A.Paterson, Penny E.Kelley,James Baldassare Jr.,Lawrence F. McMahon,James R.Sommerville,and America San Martin of the City of San Diego , State of California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 25th day of June 2008 Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company � I982 0 1sn a�ttto 1927 m �! _ Fm WrpOpryORATf;,n� i ` .p y��f Z: .°T HARTFORD s7 FNRIi�� < D g,�`�,�p � � 1951 NO ��! �`.5 E •" [ �° W CONN. n OONN. � N 1896 -� 5��...SHaCL:�.t W o < �y �� i OFNfN *"a�,�nNCE� dfs•�•AN�a�-f -1'• `�a° �y per �O hum w.v. Y....,..:r 1 FH AtN State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President On this the 25th day f June 2008 Y before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.T� In Witness Whereof,[hereunto set my hand and official seal. My Commission expires the 30th day of June,2011. �OI/Bl�� * Marie C.Tetreault,Notary Public �s 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q_ -t 0n f2009 before me, wt>-LlC- to Here Insert Name a lle of the Officer personally appeared L. . ( � Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()Q whose name() is tK subscribed to the within instrument and acknowl dged to me that Q/"2\'sKeNy executed the same in V�X,/t it authorized WENDY Q CERNMISICY capacity(i�), and that by is AM ignat ure( on the COny"bsi0" 1566504 instrument the person}, or the entity upon behalf of Notary Dbuc CaMfomlo which the person acted, executed the instrument. Iego County 9r.My Comm-Expires Apr 4,2009 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature\�•.� r0. �., �ti�►ti Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: _ _^ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual " ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General • Attorney in Fact El Attorney in Fact _ • Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 Oe Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 CITY OF ENCINITAS ENGINEERING SERVICES DEPARTMENT CATALOG CUT/SHOP DRAWING TRANSMITTAL AND APPROVAL SUBMITTAL NO. PART 1 FOR CONTRACTOR USE FROM(CONTRACTOR) TO(DESIGNER) CONTRACT �T P� TOR (CONTRACT TITy+EJ THE FOLLOWING ITEMS ARE SUBMITTED FOR REVIEW AND APPROVAL,PE SPEDC�I�CATI N E ITEM I (USE SEPARATE FORM FOR EACH SPEC.SECTION) A/E RECOMMEND NO NO.(A (B (C CITY ACTION ��i RACT SPECIFICATIONS REQUIRE FACTORY INSPECTION YES NO NEW SUBMITTAL SIGNATURE RESUBMITTAL PART If— FOR DESIGNER USE FROM(DESIGNER) TO ITEM HAS BEEN REVIEWED.THE FOLLOWING RECOMMENDA71ON IS MADE AS COMMENTS: NOTED ABOVE.(See Column`C) SIGNATURE DATE Z v 1 62 PART III— FOR CITY USE FROM TO(CONTR<►CTORJ 5 ENCLOSURES RETURNED. APPROVAL OR DISAPPROVAL INDICATED ABOVE.(See Column'D") fNOTE:N� OWING ACTION CODES ARE GIVEN TO ITEMS SUBMITTED:(A code letter will be inserted for each PROVED AS SUBMITTED. item in Column D,Section 1,above) C.-APPROVED,EXCEPT AS NOTED ON DRAWINGS PROVED EX NOTED REFER TO ATTACHED SHEET.RESUBMISSION REQUIRED. D..—WILL BF RETURNED BY SEPARATE CORRESPONDENCE. DRAV►i1NGS. RESUBMISSION NOT REQUIRED. E.—DISAPPROVED. SEE ATTACHED SHEET. Approval of item does not relieve the contractor from complying with all the requirements of the contract plans and specifications. IGNA U DATE 2 G 02/11/2009 09:37 6194437781 LS1 PAGE 02 Pervo # Paint * Company TEL 323.758.1147 M'323'*'7'7­"8'e:­9' 719 sglcs @pervo.coai December 10, 2008 Pervo Traffic Center Pervo order #: 56616 5038-B Ruffner Street Pervo Traffic Center .PO # 6012 San Diego, CA 62111 Ship To: LS1 Fax: (858) 576-1416 Tel: 858 576-1412 CERTIFICATION To Whom It May Concern.: This is to certify that the following Pervo products lneet/s the xe+ reis of specification below: :..T. Description Spedif ation Bateh 1' it-m.be:r TC2-1101, White ,Alkyd PTH-02 ✓ 8010001 2/Ton Thermoplastic, Extrude Type ALKYD C08-1663 TC2-1201, White Alkyd PTH-02 ,�' 7007002 2/Ton Thermoplastic, S2ray Type C07-1063 Sincerely, , V Le Luu Technical Director Pervo Paint Company , Plant Location:G624 STANFORD AVYNUE LOS ANGELUS CA.90001 Mailing Address;.F.O.Box 1496.LOS ANC.Ex E5,CA 90001 02/11/2009 09: 37 6194437781 LS1 PAGE 03 Perva PaInt CaM,.pany TEL 323.758.1147 8000892o364E7 FAX 3230778.97I9 sEdes@peryo.com �� r'vo.c0m September 22, 2008 L S I Pervo Order No. 59613 14219 Old ITighway 80 Customer P.O. No, 6467 El Cajon, CA 92021 TEL: (619)402-4256 FAX;(619)-443-7781 CERTIFICATION ; To whom it may concern, This is to certify that the following prod e. following Traffic Paint Specifications,.: Product Descriptions - l,' �� ity PTWB-01, White, -d1 8907 GOJ 250 gallons Wategb,+ e, Traffic Paint r C0&1Qg3 (1X250 PTWB-01, Yellow,IJ , PTWB-01 8007002 250 gallons Waterborne, Traffic Paint C0$-1094 (1X250) Sinoergly, r ace r ►� o . P t CvFnPany i, Plant Loca[lon; 6624 STANFORD AVJENLiF_I OS ANGELES,CA 90001 Mailing Address;P.O.Sox 1496 LOS n�TGEL,ES,CA 90001 02/11/2009 09:37 6194437781 LS1 PAGE 04 1416 YEXYU ATI . ASPHALT roMpA.pjy .Ar /y` September 29,2008 e Pervo Painting Company To Whom It N1St/-Concern: Thif is to certify that Evergrip Bituminous Marker Adhesive,Batch# 15104,==ufacturcd by Mani,, Asphalt Company,meets ASTM D4280 Specifications. T heraby eertify that the above statem=ents are trite and correct i . Dolly Navarrctc Laboratory Dimotor 300 Cizristy Place•South Houston,"CX 77587• Sales: 800-662-0987. l±ax:800-552-241 S 02!11/2009 09:37 6194437781 LS1 PAGE 05 x�s+ .rxc Mm; TX 1,4061-isss AF cc L-1 Swvjm�pticpjAo�INC- v ' 1 fraiR " 71i607 � y� �j 0 ' =�i'9b001• V 44 jOQ UM =ass OWWWARM spsC 30 0 M 44.1 0 s3 �'� s=.6 1.3 0 99.8 PAN t00 45-10D 100 > 48� MOW1' U PROOF 53:44% sdlydia ;r .tgneaQ �.. COSMS' IOU r dM! boo is 11 a elr+tid•wdsdWt l}y B�►M1a'�ro e�ga•�N1s �: •.;�. 'X111Ib�ei•mrl.11w:ro� ,are�Rd,'�.^�,��atfkm el'oa�1�L .ta�w1•K aRloa t��a4� , X95. . 80. : � - h�lltt• . rI�WF�tOoeb o�IOMEk�Nro� 02/11/2009 09:37 _'-6194437781 V LS1 PAGE 06 .. w VV1 •'1 UNIVERSAL, INC. 4OrIt11l7cfUrpi N MA r.IrVt:A NM�R+Iree1w Poles 1 Murf„ya J 1 f o33 Forest Ploce lJ Santo Fa Spdn December 16,2005 v CA OWO Phone IkT,TER 2 cQV-LIANcE (544)944-We Fax LUZAICH, INC. (56:2)944-229$ . 14219 Old Hwy 80 El Cajon, CA 92021 50o Form Rd . RE, APEX UNIVERSAL REFL PAVEMENT MARKERS 3013 Weil Eagle Luke. rx 774U Type "G"—One Way Clear Lot#7122 2,000 PCS Type "D"—Two Way Amber Lot#4153 3,000 PCS Phone Ntumfnous Adhesive (V79)234-6569 Lot#01 20 500 LBS Fox Dear Sir, (9197)234.5406 We hereby certify that the above-mentioned pavement Markers and Bhuminows.Adhesive manufactured and distributed by Apex Universal, Inc. have been Inspected and found to be in complete compliance with Abe specifications of CaliforTa Department of Transportation Section 85, 2006. ✓ ----- Sincerely yours, Apex Universal, Inc, C. Frank Fei, President Manufacturing CITY OF ENCINITAS ENGINEERING SERVICES DEPARTMENT CATALOG CUT/SHOP DRAWING TRANSMITTAL AND APPROVAL SUBMITTAL NO. PART 1 FOR CONTRACTOR USE FROM(CONTRACTOR) TO(DESIGNER) t �=v2R•iP� ������ l��s t G d� 1=1JC_t N��t� CONTRACT FOR: (CON'TgRACT TIT IP-1 ggq_THE FOLLOWING ITEMS ARE SUBMITTED FOR REVIEW AND APPROVAL, PER SPECIFICATIOSN NO ITEM A (USE SEPARATE FOR M�R EACH SPEC.SECTION) A/E RECOMMEND CITY ACTION (C (D s i I _;dTRACT SPECIFICATIONS REQUIRE FACTORY INSPECTION YES NO NEW SUBMITTAL SIGNATURE RESUBMITTAL PART II- FOR DESIGNER USE FROM(DESIGNER) TO ITEM HAS BEEN REVIEWED.THE FOLLOWING RECOMMENDATION IS MADE AS NOTED ABOVE.(See Column•C) COMMENTS: SIGNATURE DATE p ART 111- FOR CITY USE FROM TO(CONTRACTOR) ENCLOSURES RETURNED. APPROVAL OR DISAPPROVAL INDICATED ABOVE.(See Column'p") ACTION C OWING ACTION CODES ARE GIVEN TO ITEMS SUBMITTED:(A code letter will be inserted for each A -APPROVED AS SUBMITTED item M Column D,Section 1,above) C.-APPROVED,EXCEPT AS NOTED ON DRAWINGS - REFER TO ATTACHED SHEET.RESUBMISSION REQUIRED. APPROVED,EXGEti f AS NOTED D..—WILL BE RETURNED BY SEPARATE CORRESPONDENCE. ON DRAWINGS. RESUBMISSION NOT REQUIRED. E.—DISAPPROVED. SEE ATTACHED SHEET. NOTE:Approval of Item does not relieve the contractor from complying with all the requirements of the contract plans and specifip6ons, IGNAU _ DATE U n Lu I s o ti ) u I z r rw is � FV a v� �z IQ _40 47 LA 00 u v I m t t r°i t l I f c5 ti Ci�l!j .2 � aapp x 3 ry e a s sI° Ln-i 41 ;v V-1 m N s� R N m H 3 0 It F T � ro wd LLi w a j f i �i! LU o O ' +ate uJ W °r g� Cf CITY OF ENCINITAS ENGINEERING SERVICES DEPARTMENT CATALOG CUT/SHOP DRAWING TRANSMITTAL AND APPROVAL SUBMITTAL NO. PART 1 FOR CONTRACTOR USE FROM(CONTRACTOR TO(DESIGNER) -6aa A ��G F( C Cr�ES I - _ ��IN � � �S CONTRACT FOR (CONTRACT TITLE) THE FOLLOWING ITEMS ARE SUBMITTED FOR REVIEW AND APPROVAL,PER SPECIFICATION SECTION NO ITEM (USE SEPARATE FORM�R EACH SPEC.SECTION) A/E RECOMMEND NO.(A (C CITY ACTION 1 . i _-:I T RACT SPECIFICATIONS REQUIRE FACTORY INSPECTION YES NO SIGNATURE NEW SUBMITTAL RESUBMRTAL PART II- FOR DESIGNER USE FROM(DESIGNER) TO ITEM HAS BEEN REVIEWED.THE FOLLOWING RECOMMENDATION IS MADE AS NOTED ABOVE.(S�Column`C) COMMENTS: �1 1 /zUJI=� SIGNATURE /v PA T III- FOR CITY USE FROM TO(CONTRACTOR) ENCLOSURES RETURNED. APPROVAL OR DISAPPROVAL INDICATED ABOVE.(See Column'D") A T161d DES: THE ING ACTION CODES ARE GIVEN TO ITEMS SUBMITTED:(A code letter will be inserted for each A -APPROVE D. C.-APPROVED,EXCEPT AS NOTED ON DRAWINGSIumn D,Section 1,above) B.-APPROVED,EXCEPT AS NOTED D.- BE RETURNED BY SEPARATE REFER TO ATTACHED SHEET.RESUBMISSION REQUIRED, ON-DRAWINGS. RESUBMISSION NOT REQUIRED. E.-DISAPPROVED. SEE ATTACHED SHEET.CORRESPONDENCE. NOTE:Approval of he does not relieve the contractor from complying with all the requirements of the contract plans and spec;Wzabons. IGNATUR /� le DATE 05 09 02:59p Hanes Geo Components 17604312543 p.2 C Tensar Earth Technologies, Inc. 5883 Glenridge Drive,Suite 200 r, U Atranta,Georgia 30328-5363 Phone:(800)836-7271 Product Specification - Biaxial G ogrid BX110 wwwrensarcorp.com Tensor Earth Technologies, to ensure that ��specifications inc'reserves the right to change its product specifications at any ime_ f[is the responsibility of the specifier and purchaser Please contact nsar logies,Inc at o0-3 271 e a fiance P rposes are current a consistent with the products used in each instance. Product Type; Polymer: Integrally Formed Biaxial Geogrid Load Transfer Mechanism: Positive Mechanical Interlock Primary Applications: Spectra System (Base Reinforcement,Subgrad Improvement) Product Properties Index Properties ■ Aperture Dimensions nits MD Values Minimum Rib 7 hicknessz XMD Values' m(in) 25(1.0) ( ) Tensile Strength m (in) ( ) 33 1.3 9t @ 2% Strain' 0.76(0.03) 0.76(0.03) • Tensile Strength @ 5% Strain3 kN (Ibift) • Ultimate Tensile Strength3 4.1 (280) kN (lb/ft) 6.6(450) Structural Integrity kN (Ib/ft) 8.5(580) 13.4(920) • Junction Effrciency4 12.4(85o) 19.0(1,300) • Flexural Stiffness5 % 93 • Aperture Stabiliv g-cm 250,000 Durability kg- /deg • Resistance to Installation Damage 3 2 I 'stance to Lang Term Degradation8 %a SC/o SW/%GP 95/93/90 ` h..-istance to UV Degradation9 % 100 Nmensions and Delivery % 100 The biaxial geogrid shall be delivered to the jobsite in roll form with each roll individ ally identified and nominal] me (9.8 feet)or 4.0 meters(13.1 feet)in width and 75.0 meters(246 feet)in length. A Dotes Y asuring 3.0 meters pica)truckload quantity is 185 to 250 rolls. 1.Unless indicated otherwise,values shown are minimum average roll values dete ined in accordance with AST descriptions of test procedures are given in the following notes. Complete descri tions of test procedures are available from Tensar Earth Technologies, Inc, M D4759. Brief 2.Norninal dimensions, table on request 3.True resistance to,.Q i0. 1-. 9a nn w F'r>►r►ttlsu rest st n ;;, ,load dying liner;in act rdance with ASTM D6637 without deforming test materials under load before measuring such resistance or employing"secant"or" overstate tensile properties. � 4.Load transfer capability determined in accordance with GRI-GG2-87 and express as atangent methods of measurement so as to 5.Resistance to bending force determined in accordance with ASTM D5732-95, usi ribs cut flush with exterior edges of longitudinal ribs(as a`ladder"), and of length ufficiecim long f width ribs ultimate tensile strength. overhang dimension. The overall Flexural Stiffnt is calculated as the g specimens of width two ribs wide,with transverse values, measurement of the 6.Resistance to in-plane rotational movement measured b applying a 20 kg-cm mo tent to he central MD and XMD Flexural Stiffness specimen restrained at its perimeter in accordance with U.S Arm Corps of Engin ern to methodology Rigidity. tral junction of a 9 inch x 9 inch r.Resistance to loss of load capacity or structural integrity when subjected to meth nice]installatio tress measurement la y sad Torsional graded sand(SW), and crushed stone classified as poorly graded gravel (GP).Th ASTM D5818 and load capacity shall be determined in accordance with ASTM D n clayey sand{SC), well I.Resistance to loss of load capacity or structural integrity when subjected to chemi BY 9eagnd shall be sampled in accordance with EPA 9090 immersion testing. �� environments Resistance to loss of load capacity or structural integrity when subjected to 500 h urs ofsulltravviio et►9ht and aggressive n accordance with accordance with ASTM D4355. weathering in 0 9irld iumish d h Inc warrants that at the time of delivery cation toted ed Hereunder shall be at the quality and cation stated hen�n. If the 9"rid does not rrset the ,`�1°T°�p �vaoa and Tensar+s notirree This product specification 9ea9dd at no chat to the customer'nsharbio^� described above and is not a icableedtoarail poor Specifications for the Y Products shipped prior to March product 05 City of Encinitas Preconstruction Meeting La Costa Slope Repair February 12, 2:00pm Sign In Sheet NAME COMPANY PHONE OF 633 4. 1. lac P� r!�i✓�/Z n J 5. Qd G1L����G� C` `�) 6. 16,e 7. 8. 9. 10. 11. 12. 13. 14. 15. La Costa Ave Slope Repair Preconstruction Meeting February 12, 2009 2:OOpm Field Operations- Greg Shields 633-2778 Project Inspector-Nick Diele 633-2782 Traffic- Raymond Guarnes 633-2704 1. All direction shall be through the City inspector. Any questions should be directed through him. If the contractor cannot get a hold of him he can either contact Greg Shields, the head of Field Operations, (633-2778) or Kipp Hefner. 2. Contractor's personnel. Name and 24 hour phone number for Superintendent, Foreman, etc. 3. Notice to proceed date. When does contractor want to start? Does contractor have construction schedule yet? If not,need one, and it will need to be updated throughout construction. 4. Contracts and material submittals. Submittals. Work on a particular portion of the project can not proceed until submittals for that work has been approved by the City. Anticipate 2 week turnaround time on submittal review. 5. Encroachment Permit. Traffic Control Plans and Certificate of Insurance. Traffic Control Plans must be approved by the City's Traffic Engineer prior to issuance of the encroachment permit and start of construction. 6. Door notices and copies of letters sent to local authorities. 7. Erosion control at all times in accordance to the SWPPP. Contractor's attention to Section 7-8.7.2 of the specs regarding preparation of the SWPPP and erosion control. Contractor must prepare a SWPPP, and it must be approved prior to the start of construction. 8. Contractor shall conduct operations in such a way as to have no greater amount of work he can prosecute properly. 9. Working hours are from 7:30am to 4:OOpm unless otherwise approved by the City in writing. Sensitivity during construction regarding noise, dust, etc.. Access to driveways must be reasonably maintained. See Section 7-10.1. 10. Contractor's attention to their responsibility to coordinate work with all utility companies. There is a major Leucadia Wastewater sewer force main in the vicinity of the project. Discuss any questions/comments Contractor or Utility Companies may have. 11. Progress pays. Go over monthly progress pays with City inspector before submitting for payment. Quantities must be mutually agreed upon between the Contractor and the City's inspector before submitting progress pay for payment. Allow 1-2 weeks after submitting invoice for payment. 12. It is the contractor's responsibility to assure that the work site is maintained in a safe condition at all times....especially for nights and weekends. Daily cleanup is required. Major cleanup every Friday. 13. Staging area. Fencing with screening on it. Need letter of permission from private property owner. 14. Open Forum city of Encinitas February 3, 2009 Sierra Pacific West, Inc. Attn: Thomas L. Brown, President P.O. Box 231640 Encinitas, CA 92023-1640- Re: La Costa Ave. Slope Repair Dear Mr. Brown: On Wednesday, January 21, 2009 City Council awarded the La Costa Ave Slope Repair project to Sierra Pacific West, Inc.. Please have both copies of the contract and bonds that I e-mailed to you fully executed, and return them to the City in time for the pre-construction meeting. A pre-construction meeting has been scheduled for Thursday, February 12, 2009 at 2:00 p.m. in the Lilac room in City Hall, located at 505 S. Vulcan Avenue. You or a representative from your company needs to attend this meeting. Please make sure to bring the following items to the pre- construction meeting: 1. Construction Schedule 2. All required Shop Drawings and Mix Designs for the project. 3. Certificate of Liability Insurance naming the City of Encinitas as additionally insured. 4. Fully executed Contracts and Bonds (2 copies) 5. Copies of Encroachment Permits from the City of Encinitas Should you have any questions, please feel free to call me at (760) 633-2775. We look forward to working with you on this important City project. Sincerely, 7 Ki er Asso a Civil Engineer Tel 760/633-2600 FAX 760/633-2627,505 South Vulcan Avenue,Encinitas,CA 92024 TDD 760/633-2700 City of Encinitas Pre-Bid Meeting La Costa Ave. Slope Repair October 9, 2008 9:00am NAME COMPANY EMAIL AND PHONE 2. 7 6d 7e 3 5. ►A L-U P4 A L5 c )VIL- 868- 578 -y?-2-Z 6. 4:C(f.k I'c- We 7. 8. M PK'�C CI UAJX <N/-VIJ 9. 10. 11. 12. 13. 14. 15. 16. 17. is. s� October 20,2008 Engineering Department City of Encinitas 505 S. Vulcan Avenue Enciriitas, CA 92024 REF: La Costa Avenue Slope Repair RE: Error in Bid Submittal To Whom.It May Concern: Remedial Civil Constructors, Inc dba R.C.C. is requesting relief from the bid submitted on October 1.5.2008, for the above referenced project. In accordance with Public Contract Code Sections 5100 to 5107. we are notifying the City of Encinitas that a clerical error was made during the preparation of our bid. We are currently implementing new estimating software. Upon opening the software program to start the compilation of the bid,two screens were inadvertently opened, with identical bid form information contained in both. The bid was prepared in one screen while the other was hidden. When the bid form was printed it carne from the screen that was hidden. It did not contain any of our labor or equipment costs and therefore was materially different than we intended it to be. The M.istak.e was in filling out the bid and not due to an.error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. Clearly,this is a mistake warranting our release from this project. We apologize,for y in..convEnience this may cause. If you wish to discuss this m.at:ter. further,pleaee fe Lftee to cotatact me at your convenience. .4 vvw Vic'1 Ir a eiice Lubka'.-an at 4rtmann 3823 OCEAN VIEW BLVD..MOWMOSE,CA 9 1020 • VOICE:8 18,952-67'52 • DA7A:8 1$.952,6740 • L,ICENSE 8250c74A CITY OF ENCINITAS CITY COUNCIL I AGENDA REPORT Meeting Date: January 14, 2008 TO: City Council / VIA: Phil Cotton, City Manager '�"� Jennifer Smith, Director of Finance_ FOR n �- iom city clerk FROM: '-'_ eter Cota-Robles, Director of Engineering SUBJECT: Award of Construction Contract to Sierra Pacific West in the Amount of $199,457, Appropriation of an Additional $59,000 in General Funds and Authorization of Expenditures Not to Exceed $236,392 for the La Costa Slipout Project (CMD09B) BACKGROUND: The slope along the north side of La Costa Ave., west of I-5 was damaged during the severe storm event that occurred December 2005. The damage to the slope threatens to undermine the structural integrity of the road and the many utilities such as sewer (one gravity and two force mains), water, telephone, cable, electric and specialty lines in the roadway if no action is taken. Bids from qualified contractors were requested to stabilize the slope, thereby securing the roadway. The City applied for and received emergency funds from the Federal Highway Administration (FHWA) to repair the slope. The emergency funds require matching funds of 11.47% from the City. At the time the project was submitted to FHWA, the estimated project cost was $154,256. On September 10, 2008, City Council approved this project (CMD09B) and appropriated $40,829 in General Funds -- $17,692 for the required matching funds, plus a 15% contingency of $23,137. ANALYSIS: The bids received on October 15, 2008 are shown below: Remedial Civil Constructors, Inc. $ 66,930 Sierra Pacific West, Inc. $199,457 Daghlian Grading, Inc. $207,484 CCL Contracting, Inc. $230,400 LB Civil Constructing Inc. $273,000 B&D Construction Co., Inc. $280,497 Mountain Movers Engineering Contractors $325,000 Based on the above bids, the apparent low bidder was Remedial Civil Constructors; however, the City received notification from Remedial one day after bid opening that their bid contained a mathematical error. Staff determined that there was adequate justification to release Remedial from their bid. The second low bidder is Sierra Pacific West, Inc. in the amount of$199,457. FISCAL AND STAFF IMPACTS: The bids submitted result in a low bid of $199,457, which exceeds the original engineer's estimate by$45,201. Thus additional funding is necessary to complete the project as follows: Funding to Date: FHWA Emergency Funds $136,563 Previously Appropriated General Funds 40,829 $177,392 Current Estimated Costs: Design (Expenditures Already Incurred) $ 1,890 Surveying $ 5,000 Construction $199,457 Contingency (15% of Construction) 30,045 $236,392 Additional Funding Required: $59,000 RECOMMENDATION: Award construction contract to Sierra Pacific West in the Amount of $199,457, appropriate an additional $59,000 in General Funds and authorize expenditures not to exceed $236,392 (funding to date, plus additional appropriation) for the La Costa Slipout Project (CMD09B). r4. map o LA COSTA AVENUE SLIP OUT 2 CITY OF ENCINITAS DESIGNER: KIPP HEFNER ENGINEERING DEPARTMENT INSPECTOR: 0 FIELD OPERATIONS LA COSTA SLIP OUT 0 BID DATE 15 OCT 2008 ADDENDA BID CONTRACTOR BID 3 BOND 1 REMEDIAL CONST $66,930.00 NOTED INCL 2 SPW $199,456.71 NOTED INCL 3 DAGHLIAN GRADING $207,484.44 NOTED INCL 4 ENGINEER'S ESTIMATE $216,500.00 NOTED INCL 5 CCL CONTRACT'G $230,400.00 NOTED INCL 6 LB CIVIL CONST $273,000.00 NOTED INCL 7 B&D CONSTRUCTION $280,497.12 NOTED INCL 8 MOUNTAIN MOVERS $325,000.00 NOTED INCL 9 0 $0.00 NOTED INCL 10 0 $0.00 NOTED INCL 11 0 $ - NOTED INCL BIDS.XLW 10/15/2008 CITY OF ENCINITAS DESIGNER: KIPP HEFNER ENGINEERING DEPARTMENT INSPECTOR: FIELD OPERATIONS LA COSTA SLIP OUT 15-Oct-08 BID DATE 15 OCT 2008 ENGINEER'S ESTIMATE LB CIVIL CONST SPW $216,500.00 $273,000.00 $199,456.71 ITEM UNITS QTY UNIT$ TOTAL$ TOTAL$ UNIT$ TOTAL$ 1 CLEARING&GRUBBING LS 1 $30,000.00 $30,000.00 $20,000.00 $20,000.00 $37,446.56 $37,446.5 2 UNCLASSIFIED EXCAVATION CY 1,600 $65.00 $117,000.00 $105.00 $189,000.00 $62.47 $112,446.00 3 TRAFFIC CONTROL LS 1 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $24,322.91 $24,322.91 4 CLASS II AGGREGATE BASE TN 200 $50.00 $10,000.00 $70.00 $14,000.00 $30.61 $6,122.00 5 UNSTABLE SUBGRADE REMOVAL CY 300 $65.00 $19,500.00 $80.00 $24,000.00 $26.63 $7,989.00 6 REMOVE EUCALYPTUS TREE EA 2 $15,000.00 $30,000.00 $5,500.00 $11,000.00 $5,565.12 $11,130.24 REMEDIAL CONST CCL CONTRACT'G DAGHLIAN GRADING $66,930.00 $230,400.00 $207,484.44 ITEM UNITS QTY UNIT$ TOTAL$ UNIT$ TOTAL$ UNIT$ TOTAL$ 1 CLEARING&GRUBBING LS 1 $4,500.00 $4,500.00 $8,100.00 $8,100.00 $84,586.00 $84,586.00 2 UNCLASSIFIED EXCAVATION CY 1,800 $26.00 $46,800.00 $109.00 $196,200.00 $47.16 $84,888.00 3 TRAFFIC CONTROL LS 1 $1,630.00 $1,630.00 $900.00 $900.00 $20,150.00 $20,150.00 4 CLASS II AGGREGATE BASE TN 200 $18.00 $3,600.00 $30.00 $6,000.00 $36.69 $7,338.00 UNSTABLE SUBGRADE REMOVAL CY 300 $18.00 $5,400.00 $48.00 $14,400.00 $23.35 $7005.00 []6!REMOVE EUCALYPTUS TREE EA 2 $2,500.00 $5,000.00 $2,400.00 $4,800.00 $1,758.72 $3,517.44 B&D CONSTRUCTION MOUNTAIN MOVERS $280,497.12 $325,000.00 $ ' UNIT QTY UNIT$ TOTAL$ UNIT$ TOTAL$ UNIT$ TOTAL$$0.00 1 CLEARING&GRUBBING LS 1 $30,541.68 $30,541.68 $17,500.00 g27 0.00 $0.00 2 UNCLASSIFIED EXCAVATION CY 1,800 $93.08 $167,544.00 $150.00 0.00 $0.00 3 TRAFFIC CONTROL LS 1 $17,082.40 $17,082.40 $10,000.00 0.00 $0.00 4 CLASS II AGGREGATE BASE TN 200 $40.00 $8,000.00 $75.00 0.00 $0.00 5 UNSTABLE SUBGRADE REMOVAL CY 300 $55.00 $16,500.00 $25.00 0.00 $0.00 6 REMOVE EUCALYPTUS TREE EA 2 $20,41452 04 $250000 0.00 $0.00 $0.00 aUNIT$ $0.00 ITEM UNIT QTY UNIT$ TOTAL$ TOTAL$ TOT AL$$0.00 $0.00 $0.00 1 CLEARING&GRUBBING LS 1 $0.00 $0.00 $0.00 2 UNCLASSIFIED EXCAVATION CY 1,800 $0.00 $0.00 $0.00 3 TRAFFIC CONTROL LS 1 $0.00 $0.00 $0.00 4 CLASS II AGGREGATE BASE TN 200 $0.00 $0.00 $0.00 5 UNSTABLE SUBGRADE REMOVAL CY JUL) $0.00 $0.00 $0.00 6 REMOVE EUCALYPTUS TREE EA 2 BIDS.XLW 10/15/2008 The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Space above for County Clerk's Filing Stamp Proof of u icatlon � September 22.2008 STATE OF CALIFORNIA, ss. — aDDE No. LA COSTA SLOPE REPAIR' .' COUNTY OF SAN DIEGO, r> TO ALL PROSPECTIVE BIDDERS: I am a citizen of the United States and a resident of the e � . county aforesaid; The tatowving changes are hereby made to the Request For Proposal:. I am over the age of eighteen years, and not a party to or QMW to deadline date io submit proposals to the City of interested in the above entitled matter. Encinitas to October 15'200ea+s;°opm. I am principal clerk of the printer of The Coast News, a All bidders shall acknowledge receipt, and acceptance of Addendum;No.1 by signing in the space provided and submitting newspaper printed and published weekly and which news- the signed Addendum with the EW. paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, authorized signature Date Carlsbad, Oceanside, San Marcos/Vista and the County cN6M19126M Judicial District by the Superior Court of the State of - --- California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 26 2008 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California on the 26th day of September, 2008.- Clerk of the Printer The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Space above for County Clerk's Filing Stamp ProofCITY OF ENCINITAS O U 1Cat1Ol1 ENGINEERING SERVICES r. DEpARTIIAENT 505 SOUTH VULCAN AVENUE STATE OF CALIFORNIA, SS. ENCINITAS,CA 92024-3633 COUNTY OF SAN DIEGO, REQUEST FOR PROPOSALS LA COSTA AVE.SLOPE REPAIR The City of Encinitas is seeking a General contractor(Type A or I am a citizen of the United States and a resident of the Type C-12 California contractors License)to repair the existing fill slope on the north side of La Costa Ave.between Interstate 5 and county aforesaid; Vulcan Ave.for a reach of about 200 feet.The work involves remov- ing the existing soil in the rafted>ireas;in Key at theme of- I am over the age of eighteen years, and not a party to or the failed areas,install Tns r � gfid approved and with fill and compact slope interested in the above entitled matter. other appurtenant work. I am principal clerk of the printer of The Coast News, a NOTICE INVITING PROPOSALS The City of Encinitas is requesting interested contractors to submit newspaper printed and published weekly and which news- a al to do the required work as described ift this Request For Proposal for the above referenced proles. The City of Encinitas paper has been adjudged a newspaper of general circulation wig receive proposals until FrklW,Seplrtmiw 26,2WS at 2.00 for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, PM.y P >s "�. to t11l office Ave.,o.,ma city clerk. City Hag, City s Encinitas, 505 S. Vulcan A Encinitas, CA Carlsbad, Oceanside, San Marcos/Vista and the County 92024. Judicial District b the Superior Court of the State of Recent TBACKGROUND Y p Recent storms during last winter caused a destabilization of the California, Count of San Diego (8/4/94, #677114, B2393, existing tiff a" on th8 north side a La Costa Ave. between Y g Interstate 5 and Vulcan Ave.for a reach a about 200 feet. The P396); and that the notice, of which the annexed is a print- daetaeiuza"°"ef the slope is significant enough#Wit now g'rsat- am the integrity of La Costa Ave.and Mte existing underground urg- ed copy, has been published in, each regular and entire issue flies inLa Costs Ave. of said newspaper and not in any supplement thereof on the SCOPE OF PROJECT following dates, to-wit: The contractor selected shall be rssporsible for the fonowing tasks. 1.Remove existing sog in to W areas per Me plan attached to this Request For Proposal. 2.Construct a key at the bottom of the failed areas per the plan attached to this Request For Proposal. 3.Install Tensar SX-1100 GS09tid or approved.equel Per the plan attached to this Request For Pmposat. 3.Fill and compact slope to 90%relative compaction with crushed mha,Wsneous base in accordance to the plan attached to this Request For Proposal. CONTRACT AWARD - The City reserves Mte right to reject all proposals.An award of con. September 12 19. 2008 "a,lf made,will be made to the lowed responsible bidder.By this request for proposal(RFP).to CRY in no way~as itself to award a contract for Mws Proles. The City requires the tine chosen pongraaor,pnor to en anng a contract with 4te Cgy, obtain and maintain 8 COMPrOhOnsIf General t.WAW ktsurance lnch 9 bodily � rop y and perty damage with combined sktgle limits of one million dollars ($1,o0o.000). The City shag be named as additionally insured. I certify under penalty of perjury that the - foregoing is true and correct. Executed at REQUIREMENTS Encinitas, Count of San Diego, State of ! AN pt"°X16 shall be*en'ted �'`�wgaibaa t- Y g Istwr,and egnipmwt costs.No lump sum proposals California on the 19th day of September, 2008. ed. Your in red*111"project rs grea9y appreciated• Sho id�have specific quesliorns rak V to Mils I".please led tree to contact r f 4 o�✓l/t�r,,:� Greg Shields at(780)633 2778 12,Set•19,2008 Clerk of the Printer TRANSAHWAL FORM City of Encinitas FAX 760/633-2818 M& Vulcan Avenue Engineering Encinitas,CA 92024-3+633, .760/633-2770 . 't ►'i'E 0 0 _ SENDTO FAX : C�6�� 7�{3""ZZSI NO.OF pppEES ADDtiESS: FROM: PHONE: 1T60)633- 277�S .- . ❑ CeU ASAP D. Review CaU U Review&Retam U F.Y.I. ( Per Our Conversation 0 Please Reply by- C September 22, 2008 ADDENDUM NO. 1 LA COSTA SLOPE REPAIR TO ALL PROSPECTIVE BIDDERS: A. The following changes are hereby made to the Request For Proposal: 1. Chanqe the deadline date to submit proposals to the City of Encinitas to October 15, 2008 at 5:OOpm. All bidders shall acknowledge receipt and acceptance of Addendum No. 1 by signing in the space provided and submitting the signed Addendum with the Bid. Authorized signature Date TRANSMITTAL FORM City of Encinitas FAX 760/943-2226 505 S. Vulcan Avenue Engineering Encinitas, CA 92024-3633 760/633-2770 DATE 6 SENDTO FAX#: (!3o) ' 0/a p NO. OF PAGES: Z TO: OF: (-) FQ12AllA 0_ 1ao) jV'-)CV 6602-kc- ADDRESS: FROM:_ ) PHONE: (760 633- Z-?-? S- Call ASAP ❑ Review& Call ❑ Review&Return ❑ Please Handle ❑ Per Our Conversation ❑ Please Reply b P Y COMMENTS: UP S&V­LQ)U LP_ Fop, Lf'.,V GSTA AV*,- tC October 10, 2008 ADDENDUM NO. 3 LA COSTA SLOPE REPAIR TO ALL PROSPECTIVE BIDDERS: A. The following changes are hereby made to the Specifications: 1. Section 7, _Responsibilities of the Contractor, Page B-20, add the following paragraphs: 7-25 ADVANCE NOTICE SIGNS The Contractor shall provide two 4-foot high by 8-foot long, metal advance notice signs. Each sign shall be bolted to two 4" x 4" wood posts driven into the ground. One sign shall be placed on the south side of La Costa Ave just east of Vulcan Ave. The other sign shall be placed on the north side of La Costa Ave east of the La Costa Ave/1-5 Interchange. The signs shall have 6-inch black lettering and the background shall be orange. The signs shall be installed 7 calendar days in advance of the start of construction. The signs shall include the following information: A. That slope repair is being done on the north side of La Costa Ave.. B. Start and completion dates of the project. C. Work will occur from to 7:30 a.m. to 4:30pm Payment for the signs including the wood posts and all labor, equipment, and materials shall be included in the various bid items of work and no additional compensation will be made thereto. 7-26 HOURS OF WORK Hours of work shall be 7:30am to 4:30pm Monday through Friday. No work shall be done on City recognized holidays, Saturdays, and Sundays. 7-27 EUCALYPTUS TREE REMOVAL There are two eucalyptus trees that may need to be removed as part of the grading operations. The decision to remove them will be made when construction starts. If it is decided by the City to remove these trees the contractor shall completely remove the trees and grind the stumps to ground level. Payment to remove one or both of these trees shall be paid for under the contingency bid item "Remove Eucalyptus Tree" and no additional compensation will be made therefore. Payment shall include all costs for labor, equipment, and material. The contractor will only get paid for the actual number of eucalyptus trees removed." 2. Section D, Bid Forms, Page D-15, Re lace Bid Schedule with the following: BID SCHEDULE Item Approximate Item No. Quantity Unit Unit Price Total Write Unit Price(in words) (figures) {figures) 1. LUMP SUM LUMP SUM CLEARING AND GRUBBING $ $ 2. 1800 C.Y. UNCLASSIFIED EXCAVATION 3. LUMP SUM LUMP SUM TRAFFIC CONTROL $ 4. 200 TONS CLASS 11 AGGREGATE BASE $ (CONTINGENCY ITEM) $ 5. 300 C.Y. UNSTABLE SUBGRADE REMOVAL $ (CONTINGENCY ITEM) $ 6. 2 EACH REMOVE EUCALYPTUS TREE $ $ (CONTINGENCY ITEM) CONTRACT AMOUNT cents. dollars and All bidders shall acknowledge receipt and acceptance of Addendum No. 3 by signing in the space provided and submitting the signed Addendum with the Bid. Authorized signature Date October 10, 2008 ADDENDUM NO. 2 LA COSTA SLOPE REPAIR TO ALL PROSPECTIVE BIDDERS: A. The following changes are hereby made to the Specifications: 1. Section 7-13, Removal of Water, Page B-16, replace paragraphs two through five with the following: "The Contractor shall protect any Crushed Aggregate, Class II Aggregate Base, or Crushed Miscellaneous Base that has been placed from any water; i.e., rain, drainage, etc. If the Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base becomes saturated by water in the opinion of the Engineer, the Contractor shall replace the wet Crushed Aggregate base, Class II Aggregate Base, or Crushed Miscellaneous Base as directed by the Engineer and replace it with dry Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base at no cost to the City. Cost for protection of the placed Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base including labor, equipment and materials, shall be included in the bid item for clearing and grubbing and no additional compensation will be made thereto. If the material at subgrade lust below the limits of the g ading as shown on the tans is unstable due to a high moisture content, the Contractor shall remove the mated al a al to a depth of one foot and place Crushed Aggregate Base, Class II Aggregate B Miscellaneous Base at not less than 95% relative compaction to re-establish the subgrade. The Contractor may provide other methods of subgrade stabilization upon approval of the Engineer. Full compensation for all dewatering, shall be considered as included in the contract prices paid for clearing and grubbing and no additional compensation will be allowed therefor. Full compensation for the additional Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base needed to replace the unstable subgrade below the grading limits shall be included in the contingency bid item for Class II Aggregate Base. Payment shall include all costs for labor, equipment, and materials and no additional compensation will be made therefor. Payment for the additional removal and haul off of unstable subgrade (outside of the grading limits shown on the plans) shall be included in the contingency bid item for unstable subgrade removal and no additional compensation will be made therefor. Payment shall include all costs for labor, equipment, and materials." 2. Section 9-3.1, Payment General, Page B-21, Payment for Unclassified Excavation, re lace with the following: B. Payment for Unclassified Excavation Payment for all cut excavation, including removal and haul off of all soil as shown on the plans, benching, hauling in, placing and compacting all imported Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base as shown on the plans, installation of Tensar BX-1100 Geogrid as shown on the plans, sloping, rounding tops, and ends of all slopes, shall be included in the bid item for unclassified excavation and no additional compensation will be made therefor. Quantities of unclassified excavation, other than additional work ordered by or deleted by the Engineer, shall be the quantity indicated in the bid item for Unclassified Excavation shown in the Bid Schedule for this project and NO increase or decrease in this amount will be allowed whether or not the actual amount required to complete the project was less or greater than the amount indicated in said Bid Item. Payment shall include all costs for labor, equipment, and materials." 3. Section 9-3.1, Payment General, Page B-21, Payment for Class 11 Aggregate Base, re lace with the following: "C . Payment for Class II Aggregate Base Payment for additional Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base beyond that which is shown on the plans (i.e.-To be used as necessary to replace only the additional areas of unstable subgrade below the limits of grading as shown in the plans) shall be paid for in the contingency bid item for Class II Aggregate Base and no additional compensation will be made therefor. Payment shall include all costs for labor, equipment, and material." 4. Section 9-3.1, Payment General, Page B-22, Payment for Unstable Subgrade Removal, replace with the following: "F. Additional Unstable Subgrade Removal Payment to remove and haul off additional unstable subgrade beyond that which is shown on the plans (i.e.-below the limits of grading as shown on the plans) shall be included in the Contingency Bid Item for Unstable Subgrade Removal and no additional compensation will be made therefor. Payment shall include all costs for labor, equipment, and material." 5. Section 200-2.2, Class II Aagregate Base, Page B-22, replace with the following: "200-2.2 CLASS II AGGREGATE BASE The Base Material shall be Crushed Aggregate Base that conforms to Section 200-2.2 of the Standard Specifications, Class II Aggregate Base (not recycled base) per the aggregate gradation requirements and quality requirements as called out in Section 26-1.02A of the Caltrans Standard Specifications (May, 2006 edition), or Crushed Miscellaneous Base as called out in Section 200-2.4 in the Standard Specifications . Recycled base (Made of reclaimed asphalt concrete, Portland cement concrete, lean concrete base, cement treated base, etc.) as called out in Section 26-1.02A of the Caltrans Standard Specifications (May, 2006 edition) shall not be used anywhere on the project. " 6. Section 300-2, Unclassified Excavation, Page B-28, replace with the following: 300-2 UNCLASSIFIED EXCAVATION 300-2.1.1 General. Add the following paragraphs: Unclassified excavation shall include all cut excavation, including removal and haul off of all soil as shown on the plans, benching, hauling in, placing and compacting all imported Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base as shown on the plans, installation of Tensar BX-1100 Geogrid as shown on the plans, sloping, rounding tops, and ends of all slopes, mixing, grading for mitigation work, all cut and fill including import fill, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall also include benching of all slopes. Calculated earthwork quantities are as follows: Total earthwork quantity— 1,800 c.y. (i.e.-Remove and haul off 1,800 c.y. of existing soil and import 1,800 c.y. of Crushed Aggregate Base, Class II Aggregate Base, or Crushed Miscellaneous Base) 300-2.6 Surplus Material. Add the following: All surplus material shall be disposed of in a legal manner at the expense of the Contractor. 300-2.9 Payment. Add the following: Quantities of Unclassified Excavation used for payment, other than additional work ordered by or deleted by the Engineer, shall be the quantity indicated in the Proposal for this project and no increase or decrease in this amount will be allowed whether or not the actual amount required to complete the project was less or greater than the amount indicated in said Proposal. No. additional compensation will be allowed for hauling excess materials to a disposal site." All bidders shall acknowledge receipt and acceptance of Addendum No. 2 by signing in the space provided and submitting the signed Addendum with the Bid. Authorized signature Date ESL C`n't'`�( U 7 72 RNs 0 qoct) 3 S-tG(40 O-- � art� GaA-b (90q) .36E — 8 S(c�,-7 s N,�� vim,,,; g 6zfS �1� 5-7 � rs� A Oj 7(ei� 77S— cES�/ 09i2:Sep. 25. 20081 9:42ANF B32Nathan Enterprises of E,vcztvacxas No. 8013 P, 1/1'ooz September 22,2008 ADDENDUM NO. 1 LA COSTA SLOPE REPAIR TO ALL PROSPECTIVE BIDDERS: A. The following changes are hereby made to the Request For Proposal: 1. Chance the deadline date to submit proposals to the City of Encinitas to October 15, 2008 at 5:00pm. All bidders shall acknowledge receipt and'acceptance of Addendum No. 1 by signing in the space provided and submitting the signed Addendum with the Bid. g. a �'. ' F A o ed signature Date �n1 �V . Sep 23 08 12:25p Jeri Amar 760-758-3504 p 1 a—W"--I P—#—&� TRUCKING Facsimile Transmission Report To: Date: City of Encinitas 09/23/08 Attention: Kipp H Pages Following:VT From: Joseph Valdez Addendum 41 Request for plans on La Costa.Ave slope repair G N � � 1610 Melrose Way. Vista CA. 92081 Office (7610)75 -3318 Fax L760)758-3504 Sep 23 08 12:26p Jeri Amar 760-758-3504 09i2YiLUUB 1Z:1( raa tau 00.) o . ,., ,,, ,..,, �. ..,_ P•2 September 22,2008 ADDENDUM NO. 1 LA COSTA SLOPE REPAIR TO ALL PROSPECTIVE BIDDERS: A. The following changes are hereby made to the Request For Proposal: 1. Change,the deadline date to submit proposals to the City of Encinitas to October 15, 2008 at 5:00pm. All bidders shall acknowledge receipt and"acceptance of Addendum No. 1 by signing in the space provided and submitting the signed Addendum with the Bid. 9/ZZ/o8 Aut ized 'gnature Date TRANSAU71TAL FORM City of Encinitas FAX 760/633-2818 505 S Vulcan Avenue sneer Encinitas,CA 92024-3633, . 760/f33-2770 . `DATE C SENDTO FAX#: NO.OF PpOES:Z To: uP F-a5, (A G5-rk OF: ADDRESS: FROM: PHONE: MM03., 7 7 - ❑ CM ASAP a. Reviewa can :.a Rtew&Rmm 1• Please Handk Q Per Our Conversation a Please Reply by- C . September 22, 2008 ADDENDUM NO. 1 LA COSTA SLOPE REPAIR TO ALL PROSPECTIVE BIDDERS: A. The following changes are hereby made to the Request For Proposal: 1. Change the deadline date to submit proposals to the City of Encinitas to October 15, 2008 at 5:OOpm. All bidders shall acknowledge receipt and acceptance of Addendum No. 1 by signing in the space provided and submitting the signed Addendum with the Bid. Authorized signature Date --�0-- r� r lh nj 3 - 1 { m — r A IICI �a�i � � ' i _�c!—f'�_✓�J� { i � fl 1■ � I ------ ------___-------- --- I �I I - I I C ,�I ----- - ------------ ----- I I D I _ - I, I .i I — r , Page 1 of 1 Kipp Hefner From: Greg Shields Sent: Monday, September 22, 2008 1:45 PM To: Kipp Hefner Subject: FW: la costa ave slope repair Please add to the list.... From: Dave Hoffman [mailto:dave @groundforcecrew.com] Sent: Thursday, September 18, 2008 1:07 PM To: Greg Shields Subject: la costa ave slope repair Hi Greg- I dropped by your department this morning to pick up the RFP. Your colleague told me the plans from Jim Knowlton's office are in process. Can you guys let me know when they are ready so I can pick up a set? Or should I just call you next week to find out? Dave Hoffman Groundforce 9178 Chesapeake Drive San Diego, Ca 92123 Cell Ph: (858) 518-7191 Ofc Ph: (858) 560-9555 Fax: (858) 560-8960 www.groundforcecrew.com 9/22/2008 41 (22 VULCAN AVE. A r:tlm� CL 7771 �A AS 'a,