HomeMy WebLinkAboutABC Construction Company Inc; 1989-07-07; 3313I
TABLE OF CONTENTS
ITEM
NOTICE INVITING BIDS
PROPOSAL
BIDDER'S BOND TO ACCOMPANY PROPOSAL
DESIGNATION OF SUBCONTRACTORS
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE
NON-COLLUSIVE AFFIDAVIT TO BE EXECUTED BY BIDDER AND
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SUBMITTED WITH BID I CONTRACT
CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS'
COMPENSATION RESPONSIBILITY
CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION
REFORM AND CONTROL ACT OF 1986
CONTRACTOR'S CERTIFICATION OF COMPLIANCE OF AFFIRMATIVE ACTION PROGRAM
LABOR AND MATERIALS BOND
PERFORMANCE BOND
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU
OF RETENTION
RELEASE FORM
SPECIAL PROVISIONS
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
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Sealed bids will be received at the Office of the Purchas
Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, ur
4:OO P.M. on the 6th day of June, 1989, at which time they h
be opened and read for performing the work as follows:
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STREET IMPROVEMENTS TO MANZANO DRIVE
CONTRACT NO. 3313
The work shall be performed in strict conformity with
specifications therefor as approved by the City Council of City of Carlsbad on file with Municipal Projects. specifications for the work shall consist of the latest edit of the Standard Specifications of Public Works Constructi
hereinafter designated as SSPWC, as issued by the Soutf
Chapters of the American Public Works Association. Reference
hereby made to the specifications for full particulars description of the work.
The City of Carlsbad encourages the participation of minority b women-owned businesses.
No bid will be received unless it is made on a proposal f furnished by the Purchasing Department. Each bid must
accompanied by security in a form and amount required by 1 The bidder's security of the second and third next lob
responsive bidders may be withheld until the Contract has k
fully executed. The security submitted by all other unsuccess
bidders shall be returned to them, or deemed void, within
(10) days after the Contract is awarded. Pursuant to
provisions of law (California government Code Section 455 appropriate securities may be substituted for any obligat
required by this notice or for any monies withheld by the Cit!, ensure performance under this Contract. If Contractor elect:
use an escrow agent, Section 10263 of the Public Contract (
requires monies or securities be deposited with State TreasL
or a state or federally chartered bank in California.
The documents which must be completed, properly executed, notarized are:
1. Proposal
2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experienc f
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All bids will be compared on the basis of the Enginee Estimate. The estimated quantities are approximate and se solely as a basis for the comparison of bids. The Enginee
Estimate is $70,000.
No bid shall be accepted from a Contractor who has not b
licensed in accordance with the provisions of State law.
Contractor shall state his or her license number'? classification in the proposal. The foliowing classificatl are acceptable for this contract: A, C-12.
If the Contractor intends to utilize the escrow agreem
included in the contract documents in lieu of the usual retention from each payment, these documents must be comple and submitted with the signed contract. not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may
obtained at the Purchasing Department, City Hall, 1200 Elm AVE
Carlsbad, California, for a non-refundable fee of $10.00 per s
The City of Carlsbad reserves the right to reject any or all k and to waive any minor irregularity or informality in such bid
The general prevailing rate of wages for each craft or type
worker needed to execute the Contract shall be those
determined by the Director of Industrial Relations pursuant the Sections 1770, 1773, and 1773.1 of the California Labor Cc
Pursuant to Section 1773.2 of the California Labor Code,
current copy of applicable wage rates is on file in the Office
the Carlsbad City Clerk. The Contractor to whom the Contract
awarded shall not pay less than the said specified prevail
rates of wages to all workers employed by him or her in execution of the Contract.
The Prime Contractor shall be responsible to insure complia
with provisions of Section 1777.5 of the California Labor C
and Section 4100 et seq. of the Public Contracts Co
tlSubletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the California Labor C
commencing with Section 1720 shall apply to the Contract
work.
A prebid meeting and tour of the project site will not be held
Bidders are advised to verify the issuance of all addenda
receipt thereof one day prior to bidding. Submission of k without acknowledgment of addenda may be cause of rejection bid.
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The escrow agreement
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Bonds to secure faithful performance of the work and payment laborers and materials suppliers each in an amount equal to hundred percent (100%) and fifty percent (50%) , respectively,
the Contract price will be required for work on this project.
The Contractor shall be required to maintain insurance specified in the contract. Any additional cost of said insura shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, Californ
by Resolution No. 89-122, adopted on the 18th day of April, 19
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Date
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CITY OF CARLSBAD
CONTRACT NO. 3313
PROPOSAL
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City Council
City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008
The undersigned declares he/she has carefully examined
location of the work, read the Notice Inviting Bids, examined
Plans and Specifications, and hereby proposes to furnish labor, materials, equipment, transportation, and semi
required to do all the work to complete Contract No. 3313
accordance with the Plans and Specifications of the City
Carlsbad, and the Special Provisions and that he/she will take full payment therefor the following unit prices for each i
complete, to wit:
Item Unit Price or Lump Sum
No. Price Written in Words and Unit Price - To
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Item Description with Approximate Quantity Unit
1. Clearing and Grubbing LUMP SUM -5 P-/, $-- .
f2 c- c3 A& 784 CY :,-
La q ' Cd: e& 7,
4. Concrete & AC Pavement 1480 SF Q & :j /z
2. Earthwork
- 3. Concrete & AC Pavement 130 LF Sawcut
82 - -
Removal
5. Concrete Curb and Gutter 650 LF /@I. \e?
6. Asphalt Concrete 4" 350 TON qq ." '. /-=
"r.
8. Curb Inlet 1 EA 3 &7&i?) c -0
100 LF ZL I
j,rj. c \ 7. Aggregate Base 6'' 530 TON -
L
.>- - c 9. Cross Gutter 1 EA / <&. /:;? ., I-
-> $-
d
c- 10. Reinforced Concrete
Pipe 18"
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Item Description with Approximate
Item Unit Price or Lump Sum Quantity Unit
No. Price Written in Words and Unit Price - Tc
11. Pedestrian Ramp 1 EA f& n f-) 1 ‘ji, -I
/ 4 12. Traffic Control LUMP SUM J [;<.f-;
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Signing and Striping
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,- ’2 - 13. Adjust Valves LUMP SUM *%(y *
’77 q&, F” 1 Total amount of bid in numbers: $ .:> ,
1 Addendum (a) No (s) . has/have been recei and is/are included in this proposal.
Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit
No. Price Written in Words and Unit Price - Tc
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A. Additive Bid Items
(Alternate No. 1)
,- P-.
b
Grind Pavement 0.1’ 1620 SF / * -3,i 4-
Overlay Existing 65 TONS *J,q ” g
Pavement 0.1’ AC
Total amount of Item A in words: -
Total amount of Item A in numbers: $
B. Additive Bid Items
(Alternate No. 2)
Concrete Sidewalk 3092 SF g f.-f;’ 9 7-
Total amount of Item B in words:’.
Total amount of Item B in numbers: $ ’ye9?’7. _? L, r
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If the City chooses to select Additive Bid Items A and/or B,
Contractor's total bid price will be adjusted to reflect th
items. The City reserves the right to reject all bids Additive Bid Items A and B.
All bids are to be computed on the basis of the given estima
quantities of work, as indicated in this proposal, times the u price as submitted by the bidder. In case of a discrepa between words and figures, the words shall prevail. In case an error in the extension of a unit price, the correc extension shall be calculated and the bids will be computed
indicated above and compared on the basis of the correc
totals. All prices must be in ink or typewritten. Changes
corrections may be crossed out and typed or written in with and must be initialed in ink by a person authorized to sign the Contractor.
The Undersigned has checked carefully all of the above figL and understands that the City will not be responsible for error or omissions of the part of the Undersigned in making this bid.
The Undersigned agrees that in case of default in executing required Contract with necessary bonds and insurance polic within twenty (20) days from the date of Award of Contract
City Council of the City of Carlsbad, the proceeds of check
bond accompanying this bids shall become the property of the C
of Carlsbad.
Licensed in accordance with the Statutes of the State
California providing for the registration of Contractors, Licc
No. d!?f7&3.
Classification (s) C&,, fi! 8 .
The Undersigned bidder hereby represents as follows:
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1. That no Council member, officer agent, or employee
the City of Carlsbad is personally interested, dire( or indirectly, in this Contract, or the compensatior be paid hereunder: that no representation, oral OX writing, of the City Council, its officers, agents,
employees has inducted him/her to enter into 1
Contract, excepting only those contained in this fori
Contract and the papers made a part hereof by its tei and
2. That this bid is made without connection with
person, firm, or corporation making a bid for the : work, and is in all respects fair and without collu! or fraud.
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Accompanying this proposal is &>der3 &nd
(Cash, Certified Check, Bond or Cashier's Chec
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of .
California Labor Code which requires every employer to be insu
against liability for workers' compensation or to undertake se
insurance in accordance with the provisions of that code, agrees to comply with such provisions before commencing
performance of the work of this Contract.
The Undersigned is aware of the provisions of the State
California Labor Code, Part 7, Chapter 1, Article 2, relative the general prevailing rate of wages for each craft or type worker needed to execute the Contract and agrees to comply w its provisions.
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[bp?j 237-342s
Tune In! isb4
500 DIep~cA 9213
&3LCe3/?5tfUc+fin ha! ZiV. -
d Phone Number
Date
Type &YpbfLA[Yn of Organization BiddeP's Address (Individual, Corporation, Partnership)
List below names of President, Secretary, Treasurer, and Manag
if a corporation: and names of all partners, if a partnership:
/A jat/vlK cJwbtfiirJi L?ffJ)pnC
flare/ Czu&,fi~{~ ,';sf{ .ek/C/
&uceHf, CWbXflkf, -rf~Grn 6e(
KfflneS-h c& JILL+) /flGfld@f
California )
San Diego )
STATE OF
ss :
COUNTY OF
day of June, 1989, before me personal On this 6th
to me known, who, being came Wayne Czubernat
me du1Y sworn, did depose and say that he resides in
Of the ABC Construction co., I thai he is the
the 'orPoration which executed the foregoing instrument; that he knows the seal
the said corporation; that the Seal affixed to the said instrument is such corl,
sea1; that it was so affixed by order of the Board of Directors of the said cor
San Diego, CA
Pres iden t
his name t@ the said instrument by like order.
J
F --_ 1' -1- YjL(A- [) kc;.LUi . .?..kl
NOTARY SU~IC
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, ABC CONSTRUCTION CO., INC. Principal, and SEABOARD SURETY COMPANY , as Surety
held and firmly bound unto the City of Carlsbad, California,
an amount as follows: (must be at least ten percent (10%) of bid amount)
for which payment will and truly made, we bind ourselves,
heirs, executors and administrators, successors or assig
jointly and severally, firmly by these payments.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if
proposal of the above-bounden principal for:
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TEN PERCENT OF THE TOTAL AMOUNT OF THE ACCOMPANYING BID (10% OF BID) - - - _____________________-_-----_--------
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STREET IMPROVEMENTS TO MANZANO DRIVE BID DATE:
in the City of Carlsbad, is accepted by the City Council of s City, and if the above bounden Principal shall duly enter i and execute a Contract including required bonds and insura
policies within twenty (20) days from the date of Award
Contract by the City Council of the City of Carlsbad, being d
notified of said award, then this obligation shall become r
and void; otherwise, it shall be and remain in full force effect, and the amount specified herein shall be forfeited to said City.
In the event any Principal above named executed this bond as
individual, it is agreed that the death of any such Princi
shall not exonerate the Surety from its obligations under t I bond e
IN WITNESS WHEREOF, we hereunto set our hands and seals chis day of MAY , 19889
Corporate Seal (if Corporation) ABC CONSTRUCTION CO., INC.
q'L (-:intipal , *-
4
BY :a, \ ;b b-(T&.& >,LLF'@'G%' 'f
\hinyk- czubPn~l4 Pqs,d
(NOTARIAL ACKNOWLEDGEMENT (
EXECUTION BY ALL PRINCIPAI
AND SURETY MUST BE A"ACHl
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STATE OF CALIFORNIA 1
) ss.:
CITY AND COUNTY OF SAN DIEGO )
On this 31ST day of MAY 19 - 89, before me, the undersigned No
in and for the State, personally appeared JEROLD D. HALL a persl
me (or proved to me on the basis of satisfactory evidence), to be the person who exe
written instrument as Attorney-in-Fact on behalf of the corporation therein named an(
acknowledged to me that the corporation executed it.
Given under my hand an
My commission expires
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COUNTY OF San Diego )
STATE OF California
ss :
On this 6th day of June, 1989, before me PE
came Wayne Czubernat to me known, who, bc
me duly sworn, did depose and say that he resides in San Diego, CA
that he is the Pres ident of the ABC Construction Co.,
the corporation which executed the foregoing instrument; that he knows the sea:
the said corporation; that the seal affixed to the said instrument is such cor1
seal; that it was so affixed by order of the Board of Directors of the said
corporation, and that he signed his name to the said knstrument by like order.
?-- \ 2 ,/’ /’ b\ ’
j\c-/b Ab L- ti2- ---- p NOTARY P
OFFICIAL SEAL KENNETH CZUBERNAT tav PUblicCalifornta
-
6@fll?ted GOpSg $$;& B@))AE2D @J pqyfi7y JLk - ~@)&jj&),&y
No. 10371 ADMIIIAJISTWATIVE OFFICES, BEDMINSTER, NEW JEASEV
MhKW ALL [i%lEN IW TMIESE [%GEBENUS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, ha
made, constituted and appointed and by those presents does make, constitute and appoint Jerold B, Hall
LmMm OF A71TQRh7EY
Sa Uicgo p CaS-FEornFa Of
its true arid lawful Attorney-in-fact, Bo mske, ezecuUs anel dlelivcv om 88s behaiff ~~SUG~~CC? pdieieej, surety GDBM~s, uwdedakicgs 8n
other t~~2~uiiilents 08 nimiiso nature as follows; wi-thout Limitatj-ons
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesai
Attorney-in-fact, shall be binding upon the said Company as fully and Po the same cxtent as if signed by the duly authorize
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authorit
hereby given. are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the sai Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE 1/11, SECTION 1:
Insurance polioes, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and othc writings relating in any way !hereto or to any claim of loss thereunder, shall be signa in the name arid on behalf of the Company (a) by thc! Chnirtnan of the Board, the President, a Vice-Presidont or a Resident Vice-Presideiit and by thsSccretary, an Assistant Secretary, a Reside! Secretary or a Resident Assistant Secretary; or fb) by an Attorney-in-Fact for the Company appoiiitcd and authorized by the Chairman of thc Board, tt President or a Vice-President to make such signature; or (c) by such other officers or representatives as the Board may from time to time determine.
VflSUNESS %%WWW, SEAROARD SURETY COMPANY has caused these presents to be signed by one ai' its Vicc Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .---.z!&%l
day of __ . -..-&USPS-~--._ _.__ --.-, 19-8-8
[&f- '"1 AtPcaC:
y~T.7 (seat*a-U-.z&T-g Assistant Se retary .L
=AT. FNEWJERSEY ss.:
COUNTY OF SOMERSET
"Policies, bonds, recognizancco, cJtipztlations, consenPs of sufcty, undsavuitimg undcibkings and inoPrurrtenPo uelallng thoveto.
Thc sent of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
S' 'BARB SURETY COMPANY, B I3 I
I- 5. &%Lh~A.A%--LC~>E ._-&:
_.day nf ~ __--__._ 34% ~k __-______ .__.-__ ~ ......__ .. _.._... -_, ISI-@R- _. , before me personally nppoare -% - .E-e.e93??- - -. .
Vice- esidenf 8 A44 0 Gt 4.h A p,;. *v 1921qz
~nihis -2 __ . _.._ -_ .- Yi -- _I.__ ~ _._ __ _._. . __ ,_._... D Vice-Prosidenl of SEAHOARU SURETY CORliPAW
with whom nalfy acquainted, who, being by me duly sworn, said that he residcs in the State of -.@e.~. -ae~s;@y
tha4 Re is aVice-President of SEABOARD StJRETfV COMCY4RIY, the corporation described in and which extecuted the foregoh instrtltnent; that he knows the corporatesea the said Company: that the seal affixed tosaid instrument isstick corparate sea
that it was so affixed by order of the Board of etors of said Company; and that he signed his namethereto asvice-President (
y by like authority. FEL!CE %dm C1TrP?EANU sy*{/4 -4 //-===-\ h:gTfiRY PtiBLZ -- /s-&2-- -=*-+e/2cc _..- <.- - __ ___ __ _-_- ___ My Gm2:,u.zh3 L B r33
G E R T n F u G A 'i~ 1s Notary PuRlic
rsrgned Assistaid Secretary of SEABOARD SURETY COMPANY do heraby certify thatthe original Power of Attorney of which the foregoing rrectcopy, isin full forceandeffect on thedate of this Certificateand I do further certify thatthe Vice-President whoexecuted thesaid Power Attmney was one of the Officers authorired by the Board of Directors to appoint an attorney-in-fact as provided in Article VII, Section 1, of thc By-Laws
SEABOARD SLJRETY COMPANY- This Certificate may be signed arid sealod by facsimile under and by authority of the following resolution of the Executive Committee of the Board DireCtors of SEABOAHD SURETY COMPANY at a meeting duly called arid held on the 25th day of March 1970. "RESOLVED- (2) That the use of a printed facsimile of the corporate soal of the Company and of tho signature of an Assistant Secretary on ai certification of thecorrectness of a copy of an instrument executed by the President or a Vice-president pursuant to Article VII. Section 1, of the By-Lau
appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or 0th itWrtrrnents described in Said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby auFttorized and approved.''
oh? ?f&UNESS &bERlEOF9 I have hereunto set my hand and affixed the corporate seal of the Cornpany to Phose presents th
~ ____ ~ _,_.__. ..~.LsT _-._ __ _..__.-.._ day of .___._.~_...._._....._.. NAY- .....__.. __.__ __.. .__._.._. __.__. ._, -19 A9 ___.
-.- Jy b.&?ll%aA- d~Y*s~= -. ....- -..- -- -..-_ .-... R-.- _.___-.-.- **- Assistant Secretab
Form OS7 (Rev. 7fi
'O.lC ~ CfL C? G' L 12 L
oii*,L oinE!( rl~ T~Z-, i,
S '0 21 0; ,'~.tOFi?E!~ pL1 ma:( 12211, CCI Xi, 20 i-SjC-z5zz
C' z 121 7170 i;li ~~ICVT'(S) ~ilC C~C,ZIIS ci 1s OOIIC o 1 (i;iciT tiiz 00' 'ti
:: I C 12-01 :'itO.fl2? ::
h'2 r "0, t, (C,Z 2 12 52-
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DESIGNATION OF SUBCONTRACTORS
The Undersigned certifies he/she has used the subbids of following listed Contractors in making up his/her bid and t
the subcontractors listed will be used for the work for wh
they bid, subject to the approval of the City Engineer, and
accordance with applicable provisions of the specifications Section 4100 et seq. of the Public Contracts Code - I'Sublett
and Subcontracting Fair Practices Act." No changes may be m in these subcontractors except upon the prior approval of
City Engineer of the City of Carlsbad. The follow information is required for each subcontractor. Additional pa
can be attached if required.
Items of Full Company Complete Address Phone No.
Work Name with ZiD Code with Area Cc
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.. ,+/pa & :> :$ .5
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DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to provide the following information on the subk of all the listed subcontractors as part of the sealed
submission. Additional pages can be attached, if required.
Type of State Carlsbad Amount
Contracting Business of
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Full ComDanv Name License & No. License No.* Bid ($ or
I *x-; A- &)d, P-/_gg" /& ;;d
B
/; 0 ;>? - -I rT5 4/ 2 gp; 67 fif?&J L4*, J /$ f & 3
k~~~~~ 77 /,cJ,;,,,<C Yk /6 e, - c .;2-
6 ip{ [; ft 2 /"'<f <*,'*> L/ j.l
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* Licenses are renewable annually. If no valid license, indic
"NONE." Valid license must be obtained prior to submission signed Contracts.
A EC bns+fiArhDn @,J3c/
Bidder's Company Name
312-0 /lALh&d Aw, - (NOTARIAL ACKNOWLEDGEMENT OF Bidder's Complete Address EXECUTION MUST BE ATTACHED. )
(CORPORATE SEAL)
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STATE OF California
COUNTY OF San Diego
ss :
On this 6th day of June 1989 , before me person
came waYm c7wnat to me known, who, bein
me duly sworn, did depose and say that he resides in San Diego, CA
that he is the President of the ABC CONSTRUCTION CO.,
the corporation which executed the foregoing instrument; that he knows the sez
the said corporation; that the seal affixed to the said instrument is such cox
seal; that it was so affixed by order of the Board of Directors of the said
corporation, and that he signed his name to the said instrument by lik5,order.
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NOTARY PUB~~K" y
I\ SAN DIEGO COUNTY wccnm~ Exp May20. 1991 \X.>
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BIDDER'S STATEmNT OF FINANCIAL RESPONSIBILITY
The Undersigned submits herewith a notarized or sealed statem
of his/her financial responsibility-
s
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. M:/dtd ~d t/ -
4SC nns+r E /Lf - -1 I 6' I
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STATE OF California
COUNTY OF San Diego
ss :
On this 6th day of June, 1989, before me pers
- to me known, who, be came
me duly Sworn, did depose and say that he resides in
that he is the Pres ident of the ABC CONSTRUCTION CO.
the corporation which executed the foregoing instrument; that he knows the s
the said corporation; that the seal affixed to the said instrument is such c seal;
corporation, and that he signed his name to the said instrument by liqe orde
Wayne Czubernat
San Diego, CA
that it was so affixed by order of the Board of Directors of the said
rn "-- '/' +-C)\ --I -.,<;;$&j ) > -i c*a "ETH CZUSERNAr
NOTARY PUB-NC >\J
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signature II (NOTARIAL AC~OW~~EMENT OF EXECUTION MUST BE ATTACHED)
(CORPORATE SEAL)
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BALANCE SHEET
MARCH 311 1987
ASSETS -------
1030 Cash on Hand 25)O.OO
1050 Cash in Bank-Payroll 21 500. 00
I060 Cash in Savings-Gen. 437.10
1070 Cash in Savings-P/R 82.33
0
1040 Cash in Bank-General 112, 170. 36
1080 Cash in Bank-Money Market;
1090 Ca5h Investrntnts 611 136. 98 -------------
Total Cash Accounts 1761521.02
1100 Mark in Progress 116,835'. 85
1200 Accts. Receivable-Trade 4721 579.56
1210 Allowance for Bad Debt5
1220 Arcks. Rerleivable-Emp. ---- ---__ ---_
Total Account;s Receivable 589,419. 41
1290 Corp. Income Tax Refund
1300 Prepaid Expense
1310 Prepaid Insu~ance
1330 Prepaid Workers Comp
1340 Prepaid Francise fax
1350 Prepaid Fed. Income Tax
1360 Deferred Taxes
1370 Suspense - Ins Recoverq ------___ ---_ 0
Total Prepaid Expense ----------- -____
Total Current ks~iets 765,9435.43 1410 Property t Building 2711 726. 78
1430 Licensed Equipment 204,986. 86
1450 Field Equipment 214,694.00
1470 Office Equipment 531 71.5. 00
--I- - ----_ ----
Total Fixed Assets 745,122.44
15GO Allowance for Deprec. f 4421 012. 1 i 1 --------------
Net Fixed Assets 3031 1 io. 53
1220 Receivable (Cash Value Life Ins.) 141 700. OO
1&90 Deposits 91 679. 75
1700 Prior Year Adjustments
--..---I------_
Total Other Assets 241 379. 75
--I----I_----
TOTAL ASSETS 11 0' ----. 0 ----.
- _d-d
I. .I I .,.I x ,4u. VVI A U C CONSTRUCTION CU. i INC. wrd DATE:
BALANCE SHEET
MARCH 311 198Y
@ LIABILITIES -----------
2110 Accts. Payable-Trade 3321 947. I&
2200 Accrued Payroll 131 149. 47 2220 Fed. WH Taxer; Payable
2230 FICA Taxes Payable I1 Q4Q. 03
2240 ED1 Taxes Paqable 19.93
2260 SUI Taxer; Payable 81 955. 38
2270 FCJI faxes Payable 1r 469. 18
2320 Union Dues t Vac. Pay 4, 5.51. 34
2330 Union Health & IJel. Paq 13t 220. 89
2340 Accrued Workmen’s Comp. 1, 358. 32
2400 Accrued Liab. Insurance (21367.352
2410 Accrued Expenses 102,737. 57
2420 Accrued Int. Payable
2430 Accrued Profit Sharing
2450 Unearned Income 71 500. 00
2480 Dividends Payable
2250 E;Z;ate tJH Taxes Payable
2490 Corp. Income Tax Payable 3/ 570. oe
2470 Deposit Rec’d - Other 1r 050. 00
2500 Notes Payable-Current 12,754. 14
-----_-I- ------
Total Current Liabilities 5011966.26
02550 Nates Pay. -Long Term 65, €SO. 40
2600 Notes Pay. -Officer 221 908. 21
--------I ---I
Total Long Term Debt. 8231 788.61 Total Liabilities 5901 754. 87 STUCKMULDER ‘S EQUITY
2900 Common Stock
2980 Ret‘d Earnings Curr Year
25,QOO.OO
2975 Ret‘d Eaynings Bey Year 477,681. E34
-------------
Retained Earnings - Total 477,681. e4
I------------
Total Stockholder‘s Equity 502168 1. 84
-I-----------
TClTAt LIABILITIES ANI) EQUITY 11 093 ------ ------
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BIDDER'S STATEbENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar char;
to that included in the proposed Contract he/she has success1
performed and give references, with telephone numbers, which
enable the City to judge his/her responsibility, experience
skill. An attachment can be used, if notarized or sealed.
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COUNTY OF San Diego )
California STATE OF
ss :
On this 6th day of June 1989, before me p
came WAYNE CZUBERNAT to me known, who, E
me duly sworn, did depose and say that he resides in
that he is the President of the ABC Construction Co.,
the corporation which executed the foregoing instrument; that he knows the seE
the said corporation; that the seal affixed to the said instrument is such cox
seal; that it was so affixed by order of the Board of Directors of the said
corp
San Diego, CA
is name to the said inst
Notary Publlc-California PRINCIPAL COUNTY IN SAN DlEGO COUNTY
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8 County of Son QIP 86 )
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California 1 ) ss.
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~LWM Gwkfnid , being first duly sworn, deposes . and
not 'made in the interest of, or on behalf of, any undiscl person, partnership, company, association, organization, corporation; that the bid is genuine and not collusive or s that the bidder has not directly or indirectly induced
solicited any other bidder to put in a false or sham bid, and
not directly or indirectly colluded, conspired, connived
agreed with any bidder or anyone else to put in a sham bid
that anyone shall refrain from bidding; that the bidder has in any manner, directly or indirectly, sought by agreemt
communication, or conference with anyone to fix the bid price of that of any other bidder, or to fix any overhead, profit, cost element of the bid price, or of that of any other bidder
to secure any advantage against the public body awarding
contract of anyone interested in the proposed contract; that statements contained in the bid are true; and, further, that bidder has not, directly or indirectly, submitted his or her
price or any breakdown thereof, or the contents, thereof,
divulged information or data relative thereto, or paid, and I
not pay, any fee to any corporation, partnership, comi
association, organization, bid depository, or to any member
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true correct and that this affidavit was executed on ,-y! K-kh day
that he or she is ?ffSldPfl c Of -$f//&[bfl A,,$ nt3 the party making the foregoing bid that the bi
d P .I unP /G(79
1
this certificate may be
TYPE
OF
POLICY
WORKERS'
COMPENSATION
d cc W Z
B OCCURRENCE 8
SPECIALEXCL ENDORSEMENTS
> WOWNED Ob +J 33 m NON-OWNED
5: B HIRED
UMBRELLA
issued
CERT EXP DATE* LIMIT
OF
LIABILITY
POLICY 0 EXTENDED NUMBER 0 CONTINUOUS
[XI POLICY TERM
COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES
EMPLOYERS LIABILITY
Bodily Injury By Accident
$500,000
$500 , 000
$500,000
Bodily Injury By Disease 07/01/89 WC2-161-031245-018 CALIFORNIA
Bodily Injury By Disease
General Aggregate-Other than Products/Completed Operations $2,000,000
$1,000,000
$1,000,000
$1,000,000
Products/Cornpleted Operations Aggregate
07/01/89 TB1-161-031245-028 Bodilylniury and Property Damage Liability
Personal and Advertising Injury
Other
ADDITIONAL 'INSURED WITH RESPEC'? TO LIABILITY: CITY OF CARLSBAD
$1 000 000 EACH ACCIDENT-SINGLE LIMIT-BI P
07/01/89 AS1-161-031245-058 EACH PERSON
EACH ACCIDENT
OROCCURRENCE $
cc g 6 EXCESS 07/01/89 LE1-161-031245-069 $1,000,000
LIABILITY
LOCATION(S) OF OPERATIONS & JOB # (If Applicable)
STREET IMPROVEZENTS
MANZANO DRIVE
PROJECT f3313
DESCRIPTION OF OPERATIONS
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CONTRACT - PUBLIC WORKS
This agreement is made this ye day of between the City of Carlsbad, C &= a munici
corporation, (hereinafter called llCityll) , and
whose principal place of business is 3120 National Avenue San Dieq
(hereinafter called "Contractor". )
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all b
, 1989, by
ABC Construction Co.. Inc.
CA 93113
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specified in the Contract documents for:
STREET IMPROVEMENTS TO MANZANO DRIVE
(hereinafter called lcprojecttl)
2. Provisions of Labor and Materials. Contractor shall pro1
all labor, materials, tools, equipment, and personnel
perform the work specified by the Contract documents.
3. Contract Documents. The Contract documents consist of t
Contract: the bid documents, including the Notice
Bidders, Instructions to Bidders' and Contractc
Proposals: the Plans and Specifications, the Spec Provisions, and all proper amendments and changes n thereto in accordance with this Contract or the Plans
Specifications, and the bonds for the project; all of wf.
are incorporated herein by this reference.
The Contractor, her/his subcontractors, and mater]
suppliers shall provide and install the work as indicat
specified, and implied by the Contract documents. Any it
of work not indicated or specified, but which are essent
to the completion of the work, shall be provided at Contractor's expense to fulfill the intent of s documents. In all instances through the life of
Contract, the City will be the interpreter of the intent the Contract documents, and the City's decision relativc said intent will be final and binding. Contractor to apprise her/his subcontractors and mater:
suppliers of this condition of the Contract will not rel:
her/him of the responsibility of compliance.
Failure of
4. Pavment. All full compensation for Contractor's perform?
of work under this Contract, City shall make payment to Contractor per Section 9-3 of the Standard Specificat: for Public Works Construction. The closure date for f monthly invoice will be the 30th of each month.
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Invoices from the Contractor shall be submitted according the required City format to the City's assigned proj manager no later than the 5th day of each month. Payme
will be delayed if invoices are received after the 5th each month. The final retention amount shall not
released until the expiration of thirty-five (35) d following the recording of the Notice of Completion pursu to California Civil Code Section 3184.
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5. IndeDendent Investisation. Contractor has made
Independent Investigation of the jobsite, the s
conditions at the jobsite, and all other conditions t
might affect the progress of the work, and is aware of th
conditions, The Contract price includes payment for work that may be done by Contractor, whether anticipated not, in order to overcome underground conditions. information that may have been furnished to Contractor
City about underground conditions or other job conditions
for Contractor's convenience only, and City does warrant that the conditions are as thus indicat Contractor is satisfied with all job conditions, includ underground conditions and has not relied on informat
furnished by City.
6. Contractor Responsible for Unforeseen Conditio Contractor shall be responsible for all loss or dalr
arising out of the nature of the work or from the action
the elements or from any unforeseen difficulties which
arise or be encountered in the prosecution of the work ur its acceptance by the City. Contractor shall also
responsible for expenses incurred in the suspension
discontinuance of the work. However, Contractor shall
be responsible for reasonable delays in the completion the work caused by acts of God, stormy weather, extra wc or matters which the specifications expressly stipulate k be borne by City.
7. Chanse Orders. City may, without affecting the validity
the Contract, order changes, modifications and extra worl
issuance of written change orders. Contractor shall make change in the work without the issuance of a written chz order, and Contractor shall not be entitled to compensat
for any extra work performed unless the City has issue written change order designating in advance the amount
change order deletes any work, the Contract price shall
reduced by a fair and reasonable amount. If the parties unable to agree on the amount of reduction, the work st nevertheless proceed and the amount shall be determined litigation. The only person authorized to order changes extra work is the Project Manager. The written chi
order must be executed by the City Manager if it is
additional compensation to be paid for the work. I
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$5,000.00 or less or approved by the City Council
executed by the Mayor if the amount of the change 01 exceeds $5,000.00.
8. Immisration Reform and Control Act. Contractor shall con
with the requirements of the ''Immigration Reform and Cont
Act of 1986" (8 USC Section 1101-1525).
9. Prevailha Waqe. Pursuant to the California Labor Code, director of the Department of Industrial Relations determined the general prevailing rate of per diem wages
accordance with California Labor Code, Section 1773 an
copy of a schedule of said general prevailing wage rates
on file in the office of the Carlsbad City Clerk, and incorporated by reference herein. Pursuant to Calif01 Labor Code, Section 1775, Contractor shall pay prevai! wagers. Contractor shall post copies of all applici
prevailing wages on the job site.
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10. Indemnity. Contractor shall assume the defense of, pay expenses of defense, and indemnify and hold harmless City, and its officers and employees, from all claims, 1c
damage, injury and liability of every kind, nature
description, directly or. indirectly arising from or
connection with the performance of the Contractor or w(
or from any failure or alleged failure of Contractor
comply with any applicable law, rules or regulat:
including those relating to safety and health; except loss or damage which was caused solely by the acl negligence of the City; and from any and all claims, 1c
damages, injury and liability, howsoever the same may
caused, resulting directly or indirectly from the nature the work covered by the Contract, unless the loss or daI was caused solely by the active negligence of the City.
expenses of defense include all costs and expenses incluc
attorneys fees for litigation, arbitration, or other dis]
resolution method.
11. Insurance. Without limiting Contractor's indemnificat.
it is agreed that Contractor shall maintain in force at
times during the performance of this agreement a polic) policies of liability insurance at least $1,000,00(
combined single limit covering its operations, incluc
coverage for contractual liability and insurance cove:
the liability set forth herein. The policy or polic
shall comply with the special insurance instructions in
Supplementary General Provisions and shall contain following clauses:
A. @'The City is added as an additional insured as respc
operations of the named insured performed under cont:
with the City."
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B. "It is agreed that any insurance maintained by the C
shall apply in excess of and not contribute wi
insurance provided by this policy.11
All insurance policies required by this paragraph sh contain the following clause:
A. ttThis insurance shall not be cancelled, limited or n
renewed until after thirty (30) days written notice
been given to the City."
B. "The insurer waives any rights of subrogation it has
may have, against the City or any of its officers
employees. tt
Certificates of insurance evidencing the coverage requi by the clauses set forth above shall be filed with the C prior to the effective date of this agreement.
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12. Workers' Compensation. Contractor shall comply with
requirements of Section 3700 of the California Labor Cc Contractor shall also assume the defense and indemnify save harmless the City and its officers and employees f all claims, loss, damage, injury, and liability of ev
kind, nature, and description brought by any person emplc
or used by Contractor to perform any work under t
Contract regardless of responsibility for negligence.
13. Proof of Insurance. Contractor shall submit to the C certification of the policies mentioned in Paragraphs 10
11 or proof of worker's compensation self-insurance prior
the start of any work pursuant to this contract.
14. Claims and Lawsuits. Contractor shall comply with
Government Tort Claims Act (California Government C Section 900 et seq.) prior to filing any lawsuit for bre of this contract of any claim or cause of action for mc
or damages.
15. Maintenance of Records. Contractor shall maintain and n
available at no cost to the City, upon request, records
accordance with Sections 1776 and 1812 of Part 7, Chapter
Article 2, of the California Labor Code. If the Contrac does not maintain the records at Contractor's princi place of business as specified above, Contractor shall inform the City by certified letter accompanying the ret of this Contract. Contractor shall notify the City
certified mail of any change of address of such records.
16. Labor Code Provisions. The provisions of Part 7, Chapter commencing with Section 1720 of the California Labor C are incorporated herein by reference. ?
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17. Security. Securities in the form of cash, cashier's chc or certified check may be substituted for any mor
withheld by the City to secure performance of this conti
for any obligation established by this contract. Any ot security that is mutually agreed to by the Contractor the City may be substituted for monies withheld to en5
performance under this contract.
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18. Provisions Rewired bv Law Deemed Inserted. Each and el provision of law and clause required by law to be insei
in this Contract shall be deemed to be inserted herein
included herein, and if, through mistake or otherwise,
such provision is not inserted, or is not correc
inserted, then upon application of either party,
Contract shall forthwith be physically amended to make I insertion or correction.
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19. Additional Provisions. Any additional provisions of 1
agreement are set forth in the "General Provisionst1
ltSpecial Provisionst1 attached hereto and made a part herc
ABC CONSTRUCTION COJPANY, INC. I Contractor
(NOTARIAL ACKNOWLEDGEMENT OF
EXECUTION BY ALL PRINCIPALS
MUST BE ATTACHED, )
~ -/
VED AS TO FO 1
City Attorney -)- &. pj?"
I)-
STATE OF California )
COUNTY OF San Diego 1
ss :
On this twenty-ninth day of June 1989 , before me persor
came KENNETH CZUBERNAT to me known, who, beir
me duly sworn, did depose and say that he resides in San Diego, CA
that he is the
the corporation which executed the foregoing instrument; that he knows the sc
the said corporation; that the seal affixed to the said instrument is.such CI
seal; that it was so affixed by order of the Board of Directors of the said
corporation, and t the said instrument by like orde
Vice President of the ABC Construction Co.
NOTARY PUBLIC
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CONTRACTOR'S CERTIFICATION OF AWARENESS OF
WORKERS' COMPENSATION RESPONSIBILITY
"1 am aware of the provisions of Section 3700 of the Labor C which requires every employer to be insured against liability
workers t compensation or to undertake self-insurance
accordance with the provisions of that code, and I will con
with such provisions before commencing the performance of
work of this Contract.11
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ABC CONSTRUCTION COhlPANy, IMC.
Contractor
CONTRACTOR'S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
"1 am aware of the requirements of the Immigration Reform
Control Act of 1986 (8 USC Section 1101-1525) and have compl
with these requirements, including, but not limited to, verify
the eligibility for employment of all agents, employe subcontractors, and consultants that are included in t
Contract. tt
ABC CONSTRUCTION C@PAP?Y, INC. li Contractor
CONTRACTOR'S CERTIFICATION OF COMPLIANCE
OF AFFIRMATIVE ACTION PROGRAM
I hereby certify that
in preforming under the Purchase Order awarded by the City Carlsbad, will comply with the County of San Diego Affirmat Action Program adopted by the Board yf Supervisors, including
ABC CONSTRUCTION COTdPANY, INC .
(Legal Name of Contractor)
current amendments. I/ ,Id --i', I\
-2\ - -[< I \,\/ June 29, 1989 y . IL,,,, LA J.X. a s i g natu re KEHNETH - CZUSEFiXA'I' \ Date
Vice Pres'Wdnt t Title
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) 1 (CORPORATE SEAL) t
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___ . -I-- ___ _-_ - -- -
STATE OF California 1
COUNTY OF San Diego 1
ss :
On this twenty-ninth day of June 1989, before me persoi
came KENNETH CZUBERNAT to me known, who, bei
me duly sworn, did depose and say that he resides in San Diego, CA
of the ABC CONSTRUCTION CO., that he is the
the corporation which executed the foregoing instrument; that he knows the se
the said corporation; that the seal affixed to the said instrument is such co
seal; that it was so affixed by order of the Board of Directors of the said
corporation, and that he signed his name to the said instrument by like order
Vice President
BOND NO. 17197589 I
LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State
California, by Resolution No.89-185 , adopted June 20, 1989 ,
awarded to ABC Construction Co.. Inc. (hereinaf designated as the 18Principa111), a Contract for:
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STREET IMPROVEMENTS TO MANZANO DRIVE
in the City of Carlsbad, in strict conformity with the drawi and specifications, and other Contract documents now on file
the Office of the City Clerk of the City of Carlsbad and all
which are incorporated herein by this reference.
WHEREAS, said Principal has executed or is about to execute s Contract and the terms thereof require the furnishing of a b
with said Contract, providing that is said Principal or any
his/her or its subcontractors shall fail to pay for
materials, provisions, provender or other supplies or teams u in, upon for or about the performance of the work agreed to done, or for any work or labor done thereon of any kind,
Surety on this bond will pay the same to the extent hereinaf I set forth.
NOW, THEREFORE, WE, ARC Cnnqtrirrtinn Cn - Tnr
as Principal, (hereinafter designated as the tlContractor") , a
Seaboard Surety Company as Surety, are held firmly bo unto the City of Carlsbad in the sum of Thirty six thousand four h four and 68/00 Dollars ($ 36,444.68 1, said sum be fifty percent (50%) of the estimated amount payable by the C
of Carlsbad under the terms of the Contract, for which pap
well and truly to be made we bind ourselves, our heirs, execut
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person his/her subcontractors fail to pay for any materials, provisio provender or the supplies, or teams used in, upon, for, or ab
the performance of the work contracted to be done, or for
other work or labor thereon of any kind, or for amounts due un
the Unemployment Insurance Code with respect to such work
labor, that the Surety or Sureties will pay for the same, not exceed the sum specified in the bond, and, also, in case suit brought upon the bond, a reasonable attorney's fee, to be fi
by the court, as required by the provisions of Section 3248
the California Civil Code.
b and administrators, successors, or assigns, jointly
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This bond shall insure to the benefit of any and all perso
companies and corporations entitled to file claims under Title
of Part 4 of Division 3 of the California Civil Code (comrnenc
with Section 3082).
In the event any Contractor above named executed this bond as individual, it is agreed the death of any such Contractor sh
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
Contractor and Surety above named, on the 28th day of j,ne
1989.
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ABC-Coastructioni co., 12~. -=p r--{/<\.bw /8- - *- l . /' '. L w (NOTARIAL ACKNOWLEDGEMENT OF
EXECUTION FOR EACH SIGNER MUST BE ATTACHED.) Contractor KENNETH CZUBkRdAT, Vice Preside
(CORPORATE SEAL)
Seahard Surety Qompany
-4!g Q d 4&&!
/ '1
Je'rold D. Hall/Attornev-In-FaC
Surety L
STATE OF California 1
COUNTY OF San Diego 1
ss :
1989, before me
to me known, who,
On this twenty-ninth day of June
4 came KENNETH CZUBERNAT
me duly sworn, did depose and say that he resides in
that he is the Vice President of the ABC Construction Co
the corporation which executed the foregoing instrument; that he knows the s
the said corporation; that the seal affixed to the said instrument is such c
seal; that it was so affixed by order of the Board of Directors of the said
corporation, and t the said instrument by like orde
San Diego, CA
STATE OF CALIFORNIA 1
) ss.: Bc~m AND COUNTY OF SAN DIEGO )
19 89, before me, the undersigned No a pers
me (or proved to me on the basis of satisfactory evidence), to be the person wh0 exf
written instrument as ~~t~~~~~-in-Fact on behalf of the corporation therein named ar
acknowledged to me that the corporation executed it.
JUNE JEROLD D. HALL on this 28TH day Of ~t. in and for the State, persona-
Given under my hand an
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I C C,C.lrORNIA MY commission expires
-/--
t, 201-653-3500 and ask for {he Powei of Attorney clerk Please re of Attorney nurnoer, the above named ,ndividbal(s) ano details oi the bond :o whicn rhe power IS aitachea ir, hew l'or4, Dial 212-627-5444
I BOND NO. 17197589
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State
California, by Resolution No89-185 , adopted6130/89 , has awarl to ABC Construction Co.. Inc. , (hereinafter designated
the 1'Principalv4) , a Contract for:
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STREET IMPROVEMENTS TO MANZANO DRIVE
in the City of Carlsbad, in strict conformity with the contra
the drawings and specifications, and other Contract documents
on file in the Office of the City Clerk of the City of Carls all of which are incorporated herein by this reference.
WHEREAS, said Principal has executed or is about to execute s Contract and the terms thereof require the furnishing of a b
for the faithful performance of said Contract:
NOW, THEREFORE, WE, MC Construct.iDn Cn-? Tnr. , as Princip
(hereinafter designated as the "Contractor") , and
Seaboard Surety Company , as Surety, are held and fir
bound unto the City of Carlsbad, in the sum of SevPntv w t.hw
Dollars ($73.889.36 ) , sawid sum be equal to one hundred percent (100%) of the estimated amount the Contract, to be paid to the said City or its cert
attorney, its successors and assigns; for which payment, well truly to be made, we bind ourselves, our heirs, executors administrators, successors or assigns, jointly and several firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the ab bounden Contractor, his/her or its heirs, executo administrators, successors or assigns, shall in all things st
to and abide by, and well and truly keep and perform
covenants, conditions, and agreements in the said Contract
any alteration thereof made as therein provided on his/her
their part, to be kept and performed at the time and in
manner therein specified, and in all respects according to th
true intent and meaning, and shall indemnify and save harm1
the City of Carlsbad, its officers and agents, as ther
stipulated, then this obligation shall become null and vo otherwise it shall remain in full force and virtue.
As a part of the obligation secured hereby and in addition to
face amount specified therefore, there shall be included cc
and reasonable expenses and fees, including reasonable attorn
fees, incurred by the City in successfully enforcing s obligation, all to be taxed as costs and include in any judger rendered.
' hundred eiqhtv nine and 36/00
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And said Surety, for value received. hereby stipulates and agr
that no change, extension of time, alteration or addition to
terms of the Contract, or to the work to be performed thereun
or the specifications accompanying the same shall affect
obligations on this bond, and it does hereby waive notice of change, extension of time, alterations or addition to the te of the Contract, or to the work or to the specifications.
In the event that any Contractor above named executed this b
as an individual, it is agreed that the death of any s
Contractor shall not exonerate the Surety from its obligati under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
Contractor and Surety above named on the 28th day of June
1989.
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(NOTARIAL ACKNOWLEDGEMENT OF
EXECUTION FOR EACH SIGNER Contractor
MUST BE ATTACHED. )
(CORPORATE SEAL)
STATE OF California 1
COUNTY OF San Diego )
ss :
On this twenty-ninth day of June 1989, before me persc
came KENNETH CZUBERNAT to me known, who, be
me duly sworn, did depose and say that he resides in
that he is the Vice President
the corporation which executed the foregoing instrument; that he knows the
the said corporation; that the seal affixed to the said instrument is*such 1
seal; that it was so affixed by order of the Board of Directors of the said
to the said instrument by like ord corporation, and that he
San Diego, CA
of the ABC Construction Co
1
) ss.:
R STATE OF CALIFORNIA
CITY AND COUNTY OF SAN DIEGO )
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1989 , before me, the undersigned N( ' On this 28TH day of JUNE
JEROLD D. HALL a per2 in and for the State, personally appeared
:pe (or proved to me on the basis of satisfactory evidence), to be the person who ext
written instrument as Attorney-in-Fact on behalf of the corporation therein named a1
acknowledged to me that the corporation executed it.
- I
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I Given under my hand a
\t PqL 0 - CE
pd cILs3 CDQNT)'
My commission expires
-
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For verification of the authenticity d this Powei of Attorney you may cail, collect, 201-658-3500 apd ask for the Power of Attorney clerk Please i
of Attorney nGmber, the above name3 rndividbaljs) and details of the bond io which the power is attached in New "ark. Dial 212-627-5444
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ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between
City of Carlsbad whose address is 1200 Elm Avenue, Carlsb California, 92008, hereinafter called ItCitytt and
whose address is
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1 hereinafter called ItContractortI and
whose address is
hereinafter called "Escrow Agent. It
For the consideration hereinafter set forth, the Owr
Contractor and Escrow Agent agree as follows:
1. Pursuant to Section 4590 of Chapter 13 of Division 5
Title 1 of the Government Code of the State of Califorr Contractor has the option to deposit securities with Esc Agent as a substitute for retention earnings required tc
withheld by City pursuant to the Construction Contr
entered into between the City and Contractor for Str Improvements to Manzano Drive in the amount of dated (hereinafter referred tc
the ltContracttt). A copy of said contract is attached
Exhibit ttAtl o When Contractor deposits the securities a
substitute for Contract earnings, the Escrow Agent SI
notify the City within ten (10) days of the deposit.
market value of the securities at the time of
substitution shall be at least equal to the cash amount t
required to be withheld as retention under the terms of
Contract between the City and Contractor. Securities SI be held in the name of
and shall designate the Contractor as beneficial owner. Prior to any disbursements, Escrow A(
shall verify that the present cumulative market value of
securities substituted is at least equal to the cash amc
of all cumulative retention under the terms of the Contri
2. The City shall make progress payments to the Contractor such funds which otherwise would be withheld from progi
payments pursuant to the Contract provisions, provided 1
the Escrow Agent holds securities in the form and am(
specified above.
3. Alternatively, the City may make payments directly to Esc Agent in the amount of retention for the benefit of the (
until such time as the escrow created hereunder 8 terminated. t
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4. Contractor shall be responsible for paying all fees for
expenses incurred by Escrow Agent in administering escrow account. These expenses any payment terms shall determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money mar
accounts held in escrow and all interest earned on t
interest shall be for the sole account of Contractor shall be subject to withdrawal by Contractor at any time from time to time without notice to the City.
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6. Contractor shall have the right to withdraw all or any p
of the principal in the Escrow Account only by writ notice to Escrow Agent accompanied by written authorizat from City to the Escrow Agent that City consents to withdrawal of the amount sought to be withdrawn Contractor.
7. The City shall have a right to draw upon the securities
the event of default by the Contractor. Upon seven (7) d
written notice to the Escrow Agent from the City of defaukt of the Contractor, the Escrow Agent sh immediately convert the securities to cash and sh
distribute the case as instructed by the City.
8. Upon receipt of written notification from the C certifying that the Contractor has complied with
requirements and procedures applicable to the Contra
Escrow Agent shall release to Contractor all securities
interest on deposit less escrow fees and charges of
Escrow Account. The escrow shall be closed immediately u
disbursement of all monies and securities on deposit
payments of fees and charges.
9. Escrow Agent shall rely on the written notifications f the City and the Contractor pursuant to Sections 1 to
inclusive, of this agreement and the City and Contrac
shall hold Escrow Agent harmless from Escrow Agent's rele
and disbursement of the securities and interest as set fc
above.
10. The names of the persons who are authorized to g written notices or to receive written notice on behalf the City and on behalf of Contractor in connection with foregoing, and exemplars of their respective signatures
as follows:
For City: Title
Name Signature Address
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For Contractor: Title
Name
Signature Address
For Escrow Agent: Title
Name
Signature
Address
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At the time the Escrow Account is opened, the City
Contractor shall deliver to the Escrow Agent a fc
executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement their proper officers on the date first set forth above.
For City: Title
Name
Signature I Address
For Contractor: Title
Name
Signature Address
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RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION :
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in f
for all compensation of whatever nature due the Contractor
all labor and materials furnished and for all work performed
the above-referenced project for the period specified above b
the exception of contract retention amounts and disputed cla specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
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DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and released any cl
the Contractor may have, of whatever type or nature, for period specified which is not shown as a retention amount o disputed claim on this form. This release and waiver has k
made voluntarily by Contractor without any fraud, duress or ur
influence by any person or entity.
Contractor further certifies, warrants, and represents that bills for labor, materials, and work due Subcontractors for
specified period have been paid in full and that the part
signing below on behalf of Contractor have expressed authorit1
execute this release.
DATED: PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
BY
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SPECIAL PROVISIONS
1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words llshown, I# "indicated, If Ildetailed, I( Ilnote
llscheduled,ll or words of similar import are used, it shall
understood that reference is made to the -plans accompanying th
provisions, unless stated otherwise.
B. Directions:
Where words Ildirected, I1 "designated, s1 Ilselected, It or words similar import are used, it shall be understood that
direction, designation or selection of the Engineer is intend unless stated otherwise. The word I1requiredt1 and words similar import shall be understood to mean "as required properly complete the work as required and as approved by City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words llequal, I! llapproved equal, )I llequivalent, I# and E words of similar import are used, it shall be understood E words are followed by the expression "in the opinion of Engineer, I( unless otherwise stated. Where the words llapprove
llapproval, It Itacceptance, I1 or words of similar import are used,
shall be understood that the approval, acceptance, or simi import of the Engineer is intended.
D. Perform and Provide:
The word llperformll shall be understood to mean that Contractor, at her/his expense, shall perform all operatic labor, tools and equipment, and further, including the furnisk and installing of materials that are indicated, specified required to mean that the Contractor, at her/his expense, SF furnish and install the work, complete in place and ready to c including furnishing of necessary labor, materials, toc equipment, and transportation.
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I 1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or hi approved representative
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2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work are the Standard Specificati for Public Works Construction, 1988 Edition, hereinaf designated SSPWC, as issued by the Southern California Chapter
the American Public Works Association, and these Gene Provisions.
The Construction Plans consist of three (3) sheet(s) designa
as City of Carlsbad Drawing No. 295-5. The standard drawi
utilized for this project are the latest edition of the San Di
Area Resional Standard Drawinss, hereinafter designated SDRS, issued by the San Diego County Department of Public Wor together with the City of Carlsbad Supplemental Stand Drawings. Copies of pertinent standard drawings are enclo with these documents.
To Section 2-5,3, Shop Drawings, add:
Where installation of work is required in accordance with product manufacturer's direction, the Contractor shall obtain distribute the necessary copies of such instruction, includ two (2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawinss:
The Contractor shall provide and keep up-to-date a complete I'
built" record set of transparent sepias, which shall be correc
daily and show every change from the original drawings
specifications and the exact llas-builtll locations, sizes kinds of equipment, underground piping, valves, and all ot
work not visible at surface grade. Prints for this purpose
be obtained from the City at cost. This set of drawings shall
kept on the job and shall be used only as a record set and sh
be delivered to the Engineer upon completion of the work.
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4-1 MATERIALS AND WORKMANSHIP 1 To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or appointed representative. The Engineer shall have free access
any or all parts of work at any time. Contractor shall furk
Engineer with such information as may be necessary to k
her/him fully informed regarding progress and manner of work character of materials. Inspection of work shall not reli Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows: II t
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Except as specified in these Special Provisions, the Agency w bear the cost of testing materials and/or workmanship where results of such tests meet or exceed the requirements indica
in the Standard Specifications and the Special Provisions.
cost of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of materials shall be approved by him before the delivery started. All materials proposed for use may be inspected
tested at any time during their preparation and use. If, af
trial, it is found that sources of supply which have t
approved do not furnish a uniform product, or if the product f any source proves unacceptable at any time, the Contractor sf. furnish approved material from other approved sources. Af improper storage, handling or any other reason shall
re] ected.
All backfill and subgrade shall be compacted in accordance CI
the notes on the plans and the SSPWC. Compaction tests may
made by the City and all costs for tests that meet or exceed requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as de€ necessary by the Engineer. The costs of any retests n
necessary by noncompliance with the specifications shall
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Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforn to the plans or specifications upon written order by
Engineer. Any cost caused by reason of this nonconforming t
shall be borne by the Contractor.
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, t
search of known records, endeavored to locate and indicate on
Plans, all utilities which exist within the limits of the w(
However, the accuracy of completeness of the utilities indici
on the Plans is not guaranteed.
5-4 RETDCATION
Add :
The temporary or permanent relocation or alteration of utilit.
including service connection, desired by the Contractor his/her own convenience shall be the Contractor's
responsibility, and he/she shall make all arrangements regarc f
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such work at no cost to the City. If delays occur due
utilities relocations which were not shown on the Plans, it w be solely the City's option to extend the completion date.
In order to minimize delays to the Contractor caused by failure of other parties to relocate utilities which interf
with the construction, the Contractor, upon request to the Ci
may be permitted to temporarily omit the portion of work affec
by the utility. The portion thus omitted shall be constructed
the Contractor immediately following the relocation of utility involved unless otherwise directed by the City.
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6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor Section 6-1 of the SSPWC at the time of the preconstruct
conference. No changes shall be made to the construct
schedule without the prior written approval of the Engineer. progress payments made after the scheduled completion date sk. not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal
relocation of conflicting utilities shall be requirements pr
to commencement of work by the Contractor.
6-7 TIME OF COMPLETION
The Contractor shall begin work within fifteen (15) caler days after receipt of the IINotice to Proceed" and SF
diligently prosecute the work to completion within forty-f
(45) working days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between
hours of 7:OO a.m. and sunset, from Mondays through FridE
The contractor shall obtain the approval of the Engineer
he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with
written permission of the Engineer. This written permission n
be obtained at least 48 hours prior to such work. The Contrac
shall'pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filin?
a "Notice of Completion" and any faulty work or materj
discovered during the guarantee period shall be repaired
replaced by the Contractor, at his expense. r
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6-9 LIOUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will
assessed the sum of $300.00 per work day for each work day bey the completion date as liquidated damages for the delay. progress payments made after the specified completion date sh
not constitute a waiver of this paragraph or of any damages.
7-3 LIABILITY INSURANCE and 7-4 WORKERS' COMPENSATION
Modify Sections 7-3 and 7-4 as follows:
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I SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of contract insurance against claims for injuries to persons damages to property which may arise from or in connection v,
the performance of the work hereunder by the Contractor,
agents, representatives, employees, or subcontractors. If
insurance is on a *lclaims made" basis, coverage shall maintained for a period of three years from the date completion of the work. The cost of such insurance shall included in Contractor's bid. The insurance company or compar shall meet the requirements of City Council Resolution No. 81C
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/
covering Comprehensive General Liability; and Insura
Services Office form number GL 0404 covering Broad F
Comprehensive General Liability; and
2. Insurance Services Office form number CA 0001 (Ed. 1/ covering Automobile Liability, Code 1 Itany auto"; and
3. Workers' Compensation as required by the Labor Code the State of California and Employers' Liabil
Insurance.
B. Minimum Limits of Insurance I Contractor shall maintain limits no less than:
1. Comprehensive' General Liability: $1,000,000 combi
single limit per occurrence for bodily injury
property damage. If the policy has an aggregate limit
separate aggregate in the amounts specified shall established for the risks for which the City or agents, officers or employees are additional insured. I t
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2. Automobile Liability: $1,000,000 combined single li per accident for bodily injury and property damage.
3. Workers' Compensation and Employers' Liability: Work€
compensation limits as required by the Labor Code of
State of California and Employers' Liability limits
$1,000,000 per accident.
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C. Deductibles and Self-Insured Retentions I
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Any deductibles or self-insured retentions must be decle to and approved by the City. At the option of the CI either: the insurer shall reduce or eliminate E
deductibles or self-insured retentions as respects the C:
its officials and employees: or the Contractor shall proc
a bond guaranteeing payment of losses and rela
investigation, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, 1 following provisions:
1. General Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers to be covered as insured as respects: liabi:
arising out of activities performed by or on bel
of the Contractor: products and complete operat:
of the Contractor: premises owned, leased, hired borrowed by the Contractor. The coverage SI
contain no special limitations on the scope protection afforded to the City, its offici;
employees or volunteers.
b. The Contractor's insurance coverage shall be prir insurance as respects the City, its offici:
employees and volunteers. Any insurance or st
insurance maintained by the City, its offici;
employees or volunteers shall be in excess
Contractor's insurance and shall not contribute 1 it.
c. Any failure to comply with reporting provisions the policies shall not affect coverage provided the City, its officials, employees or volunteers. I
d. Coverage shall state that Contractor's insuri
shall apply separately to each insured against I claim is made or suit is brought, except with res] to the limits of the insurer's liability.
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2. Workers' Compensation and Employers' Liability Coverag
The insurer shall agree to waive all rights
subrogation against the City, its officials, employ and volunteers for losses arising from work performed
Contractor for the City.
3. All Coverages
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Each insurance policy required by this clause shall endorsed to state that coverage shall not be suspend
voided, cancelled, reduced in coverage or in lim
except after thirty (30) days' prior written notice certified mail, return receipt requested, has been gi I to the City.
E. Acceptabilitv of Insurers
Insurance is to be placed with insurers with a Bests' rat
of no less than A:XI unless otherwise authorized by C Council Resolution No. 8108.
F. Verification of Coveraqe
Contractor shall furnish the City with certificates
insurance and with original endorsements affecting cover required by this clause. The certificates and endorsen for each insurance policy are to be signed by a per
authorized by that insurer to bind coverage on its beha
The certificates and endorsements are to be in forms provi
by the City and are to be received and approved by the C u before work commences.
G. Subcontractors
Contractor shall include all subcontractors as insured ur
its policies or shall furnish separate certificates endorsements for each subcontractor. All coverages
subcontractors shall be subject to all of the requireme
stated herein.
7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor,
encroachment, right-of-way, grading, and building pern necessary to perform work for this contract on City property, streets, highways (except State highway right-of-way), railb
or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental t
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the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends other non-working days at the City's request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall
equipped with mufflers in good repair when in use on the pro]
with special attention to City Noise Control Ordinance No. 31
Carlsbad Municipal Code, Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Street Closures, Detours, Barricades
Contractor shall provide all materials and personnel as nee
for traffic control and detours. Payment for this work shall included in the lump sum price for traffic control and stripin
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for safety of employees on the work and shall comply with
applicable provisions of Federal, State and Municipal safety 1
and building codes to prevent accidents or injury to persons
about, or adjacent to the premises where the work is be
performed. He/she shall erect and properly maintain at
time, as required by the conditions and progress of the work, necessary safeguards for the protection of workers and pub1 and shall use danger signs warning against hazards created
such features of construction as protruding nails, hoists, w
holes, and falling materials.
7-13 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include ChaF
11.06. Excavation and Grading.
If this notice specifies locations or possible materials, such
borrow pits or gravel beds, for use in the proposed construct project which would be subject to Section 1601 or Section 1603 the Fish and Game Code, such conditions or modificati
established pursuant to Section 1601 of the Fish and Game C t
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shall become conditions of the contract.
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
Delete this section.
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to with reductions in amount of retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registe civil engineer to perform necessary surveying for this proje Requirements of the Contractor pertaining to this item are
forth in Section 2-9.5 of the SSPWC. Contractor shall include
cost of surveying service within appropriate items of propos
No separate payment will be made.
Survey stakes shall be set and stationed by the Contractc surveyor for curbs at 50' intervals (25' intervals for curve
curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewe
storm drains, and structures (4 corners min.) . Rough grade
required to satisfy cut of fill to finished grade (or flowli
as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction inspection purposes to crown line base grade of streets
Contractor shall provide Engineer with 2 copies of survey
sheets prior to commencing construction of surveyed item.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for we
utilized during the construction under this contract.
Contractor shall contact the appropriate water agency
requirements. The contractor shall include the cost of water meter rental within appropriate items of the proposal. separate payment will be made.
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SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS
200-2 UNTREATED BASE MATERIAL
Aggregate base shall be Class I or Class I1 per CALTRANS Sect
25.10219, Page 25-1, 1988 Edition.
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201-1 PORTLAND CEMENT CONCRETE
Concrete for drainage ditch shall be Class 520-C-2500.
Modify Section 201-1.2.1, Portland Cement, as follows:
First paragraph, first sentence amend to read: "All cement to used or furnished shall be low alkali and shall be either Typ or Type I1 Portland Cement conforming to ASTM C 150, or Type
(MS) Portland Pozzolan Cement conforming to ASTM C 595, unl
otherwise specified."
Modify Section 201-1.2.3, Water, as follows:
Second paragraph replace 111,000 ppm (mg/L) of sulfates" w
111,300 (mg/L) ppm of sulfates.I1
Third paragraph replace "800 ppm (mg/L) of sulfatesg* with ((1,
(mg/L) ppm of sulfates.11
(b) Air-entraininq Admixtures Last paragraph amend to read: "A tolerance of plus or minus 1/2 percent is allowed. The air content of freshly mi
concrete will be determined California Test Method No. 504."
Modify Section 201-1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown
following table:" Also delete table.
Modify Section 201-1.4.3, Transit Mixers, as follows:
Add after listing of information for weighmaster's certifica "Transit mixed concrete may be certified by mix design numk provided a copy of the mix proportions are kept on file at
plant location for a period of 4 years after the use of
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201-2 STEEL REINFORCEMENT FOR CONCRETE
No changes.
203-6 and 400-4 ASPHALT CONCRETE
Asphalt concrete shall be per City of Carlsbad Standards, t
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Modify Section 203-6.6.1, Batch Plant Method, as follows:
Third paragraph, delete "and from the Engineer's fi laboratory. I!
Last paragraph, add after D 2172: "method A or B."
Modify Section 203-6.8, Miscellaneous Requirements, as follows
Add the following: "Open graded asphalt concrete stored
excess of 2 hours, and any other asphalt concrete stored
excess of 18 hours, shall not be used in the work.11
Modify Section 400-4.1, General, as follows:
Second paragraph, amend to read: YJnless otherwise specif i
AR-4000 paving grade asphalt shall be used for Type I11 asphal
concrete, and AR-8000 paving grade asphalt shall be used asphalt concrete dikes."
Modify Section 400-4.2.4, Fine Aggregate, as follows:
Add: "The total amount of material passing the No. 200 si
shall be determined by washing the material through the si with water. No less than 1/2 of the material passing the No. sieve by washing shall pass the No. 200 sieve by dry sieving."
Add the following paragraph: "Fine aggregate shall be tested
soundness in accordance with ASTM D-1073, and shall not exc
fifteen percent (15%) loss by weight.I1
Modify Section 400-4.3, Combined Aggregates, as follows:
First paragraph, add: "ASTM D2419 Test Method may be alterna
for Test Method No. Calif. 217."
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CLASS B2 I B3
1" (25mm) 100
3/4" (19mm) 87-100
1/2" (13mm) 75-95
3/8" (lomm) 50-80
No. 4 30-60
No. 8 22-44
No. 30 8-26
No. 200 1-8
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100 100 100
90-100 90-100 95-100
80-90 85-100 85-95
60-75 60-84 65-80
40-55 40-60 45-60
27-40 24-50 30-45
12-22 11-29 15-25
3-6 1-9 3 -7
Asphalt % s 4.6-6.0 4.6-6.0
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Each test specimen will be prepared by hand shaking for seconds, a single loading of the entire sample on a 12-i diameter, No. 4 sieve nested on top of a 12-inch diameter, No sieve.
Where a coarse aggregate bind contains material which will p
the maximum size specified and be retained on a 3/8 inch sie
the test specimen weight and volume of wash water specified one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during
immediately after discharge from each bin of the batching pl
or immediately prior to mixing with asphalt in the case
continuous mixers.
The Cleanness Value of the test sample from each of the bins w be separately computed and reported.
Modify Section 400-4.4, Storing, Drying and Screening Aggregat
as follows:
After fifth paragraph, add: "When the Contractor a
supplemental fine aggregate, each such supplemental f
aggregate used shall be stored separately and kept thorouq
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204-1 LUMBER AND PLYWOOD
Header for bituminous pavement shall be construction gr
Redwood, or treated construction grade Douglas Fir. 1 204-2 TREATMENT WITH PRESERVATIVES
No change.
207-2 REINFORCED CONCRETE PIPE
The pipeline layout and connector pipe list required UT! Paragraph 3, 207-2.1, is waived.
Payment for pipe shall include any required excavation, placen of bedding materials, backfill, compaction, and any ot
associated required construction.
210-1 PAINT
Paint for striping shall be white unless otherwise shown
plans.
Contractor shall not export any earthwork from the site.
excess material shall be distributed within the work areas
directed by the. engineer. Payment for earthwork shall incl the excavation, placement and compaction of all materit
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SI 300 - EARTHWORK
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Clearing and grubbing of the site is included under a separ item of work.
300-1.4 CLEARING AND GRUBBING
Payment shall include removal of all objectionable materi including headers, brush and ice plant, in the construction a as shown on the plans. Clearing and grubbing shall also required for the area(s) designated by the engineer to rece
excess excavation. Payment for this work shall be included
the contract price, Separate contract items are included
sawcutting and removal of concrete and AC pavement. The cost
this shall be included under those items.
301-1 SUBGRADE PREPARATION
Contractor will protect the existing D.G. in place except wh
necessary to excavate in the entrance area. Scarifying
cultivating is therefore not required for this contract.
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301.1.6 ADJUSTMENT OF MANHOLE FRAME AND COVER SETS TO GRADE
Contractor shall adjust the existing water valves to grade shall notify Costa Real Water District at least 48 hours prior
performing work on the water facilities. (438-2722) o Cost
adjust values is a separate bid item.
301-2 UNTREATED BASE
No change. I 302-5 ASPHALT CONCRETE PAVEMENT
A prime coat is not required for this contract. A seal coat required and shall conform the Section 302-5.9 of th supplemental provisions.
Modify Section 302-5.1, General, as follows:
Paragraph 1, replace llSection 203-6" with llSection 400-4. It
Last paragraph, add: "All testing of underground installati at any given point shall be completed before the surfacing
placed at that point.11
Modify Section 302-5.2, Prime Coat, as follows:
After "grade Sc-25Ol1 add "or MC 70.l'
Modify Section 302-5.5.2, Density and Smoothness, as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm) -
Modify Section 302-5.5.1, Rolling General, as follows: f
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Second paragraph, Part (2) , add:
"Vibratory rollers shall be limited to breakdown, unlc
otherwise directed by the Engineer.:
After last paragraph, add: "Unless directed by otherwise ' Engineer, the initial breakdown rolling shall be followed bq
pneumatic-tired roller as described in this Section."
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be incluc in the unit price bid for asphalt concrete.
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302-5.10, Seal Coat
All asphalt concrete surfaces shall be seal-coated unll
otherwise specified. The seal coat shall consist of a coat
asphaltic emulsion and a cover coat of sand. The asphal.
emulsion shall be mixing type conforming to Section 203 "Emulsion Asphalt." Sand shall be clean and dry.
Immediately before applying asphaltic emulsion, the surface to seal-coated shall be thoroughly cleaned of all dirt and 101
material. Asphaltic emulsion shall not be applied when .
street is overly wet or when the atmospheric temperature is be
50 degrees Fahrenheit.
The asphaltic emulsion shall be applied by use of a poi
spraying device that uniformly applies the emulsion to
surfacing at a rate of 0.1 to 0.15 gallon per square yard. '
distributor spray bar shall be equipped with asphaltic emulsi
type spray jets. Curbs, gutters, and other adjoin
improvements shall be carefully protected from the emulsion,
any such improvements spattered or touched with emulsion shall
carefully cleaned.
Immediately after the application of asphaltic emulsion, a co
coat of sand shall be spread at the rate of 6 to 12 pounds
square yard. After the sand has been spread, any piles, ridg
or uneven distribution shall be broomed to maintain an even la over the surface. Five days after the seal coat has b applied, the surface shall again be broomed and any excess s shall be picked up and removed from the job. The Engineer authorize the sand to be broomed, picked up and removed from job after 2 or more days.
303-2 AIR-PLACE CONCRETE
No changes.
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306-1 OPEN TRENCH OPERATIONS
18" RCP shall have a minimum cover of one (1) foot below finis grade. Bedding may be aggregate base per these specificatio Compaction shall be a minimum of 90% density and backfill sh be mechanically compacted.
309 MONUMENTS
Centerline monuments shall be installed at the P.I. of all cur
if found within the paved roadway (otherwise at the E.C.
B.C.), at the centerline intersection of all streets and at
radius point of all cul-de-sacs. A 5.0 foot offset may be u
to avoid conflicts with access covers. Contractor is to furn
all materials for this item of work. Cost of this service sh be included within appropriate items of proposal and no separ payment will be made.
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8 310-5 PAINTING VARIOUS SURFACES
Modify Section 310-5.6.10, Painting Traffic Striping, Pavem Markings and Curb Markings, as follows:
Payment for all pavement marking shall be a lump sum as propc
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Weakened Plane Joint
II --------d
NON-CONTIGUOUS
-c- 1/4" per ft. .
Weakened Plane Joint
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CONTIGUOUS
NOTES
1. Concrete shall be 520-C-25QO.
2 Sea Standard Drawing G-10 for joint details.
LEGEND ON PLAh
SIDEWALK - TYPICAL SECTIONS r
------
Drawing G-10 when
separate pours are made
PLAN
._
SECTION A-A
NOTES:
0. Concrete shall be 560.C.3250.
2. 3. - - =Typical flowlines.
- - - - - - - - -- - - - -Weakened plane joints.
e shown on plans.
be 5%" thick.
.I shall be considered as
LEGEND ON PLAh
L&dh
CROSS GUTTER
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TYPE "B-I" TYPE "B-2"
TYPE "G-2"
1. PROVIDE WEAKENED
QUICK JOINT AT 15 SPACIYG AND AT DR APPROACHES, B.C.'
ROCK BASE CROSS GUTTERS AND BASIN TRANSITIONS
2. CHAMFERED KEY 1" separation and upheaval required when expansion index for subgrade 3. CHAMFERED KEY 1"
exceeds 50. BE CONSTRUCTED WH COTICRETE PAVI:!G I.
3ACK OF CURB.
6" 8 8" TYPE B-I,B-2
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ALL TRENCHES: MAIN LINE AND LATEmS OR SERVICES SHALL BE COMP~ TO 90%, AND TOP 12" TO BE 95% AND CERTIFIED BY AN APPROVED r
ING LABORATORY.
ALL SUB-GRADE UNDER ALL ASPHALT PAVING, CURB AND GUTTER, SIDEWM
BROW DITCHES, CONCRETE BOX CULVERTS, SHALL BE COMPACTED TO S
ON TOP 12", AND FILL BELOW TO BE 90%, AND CERTIFIED BY AN AE
TESTING LABORATORY.
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ALL BASE MATERIALS SHALL BE COMPACTED TO 95% AND CERTIFIED BY Ab 1 APPROVED TESTING LABORATORY.
ALE ASPHALT PAVING SHALL BE COMPACTED TO 95% AND CERTIFIED BY m APPROVED TESTING LABORATORY.
ALL CONCRETE SHALL BE A MINIMUM OF 3000 P.S.I. AND CERTIFIED BY APPROVED TESTING LABORATORY.
ALL AGGREGATE SUB-BASE MATERIALS SHALL BE CLASS I OR CLASS I1 PE TRANS SECTION 26.1e02A, PAGE 25-1, 1984 EDITION. ALL OTHER SIDERED BASE MATERIALS TO BE APPROVED BY CITY ENGINEER ON A BY-CASE BASIS.
ALL ASPHALT PAVING TO BE AR 8000 FROM MARCH TO OCTOBER, AND AR 41
FROM NOVEMBER TO FEBRUARY, UNLESS OTHERWISE APPROVED BY THE
INSPECTOR BASED ON ATMOSPHERIC TEMPERATURE.
ALL ASPHALT PAVING MIX WILL BE AS FOLLOWS:
'PRIME ARTERIAL 3/4" MAXIMUM COURSE
MAJOR ARTERIAL 3/4" MAXIMUM COURSE
SECONDARY ARTERIAL 3/4" MAXIMUM COURSE
COLLECTOR 3/4" MAXIMUM COURSE
INDUSTRIAL 3/4" MAXIMUM COURSE
LOCAL 1/2" MAXIMUM COURSE
CUL-DE-SAC 1/2" MAXIMUM COURSE
ALLEY 1/2" MAXIMUM COURSE
HILLSIDE 3/4" MAXIMUM COURSE
DURING WARRANTY PERIOD OF TRACTS OR DEVELOPMENTS, THE BUILDER/DEV IS RESPONSIBLE FOR ALL REPAIRS TO ALL IMPROVEMENTS IN CITY RI
WAY AS INSTALLED BY THAT DEVELOPMENT/BUILDER. 1
PRIOR TO FINAL BOND RELEASE AT END OF WARRANTY PERIOD OF TRACTS/ DEVELOPMENTS, ALL ASPHALT PAVING WILL BE FOG SEALED OR SLURRY
SEALED, DEPENDENT UPON THE CONDITION OF THE ASPHALT AS A COND
OF FINAL ACCEPTANCE BY THE CITY.
ASPHALT/CONCRETE
PAVING REQUIREMENTS
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Exkting contiguous
PLAN
12" wide bordn mth X"
grow appmx. 31" O.C.
groom approx. W 0
SECTION A-A
Sea Standard Orawing G-32 for general nota
t
1. Pedestrian ramps shown on Standard Drawings 6-27 through G-30 do not conform to the requirements
of the State Building Code (Pan 2. Title 24. C.A.C.) and are not recommended for use on projecu with
Federal or State funding.
2. Areas shown thus: m Shall have a heavy broom “ripple” texture finish, transverse to axis of ramp.
3. Areas shown thus: [-I An the minimum required for a complete ramp installation and shall be concnte clas 52(1.C.2500.
4. When pedestrian ramps are installed in or adjacent to existing colored concrete, the new ramp shall be
tinted to match existing concrete color.
5. The removal of existing concrete curb, gutter, sidewalk and pavement for pedestrian ramp installation shall
compiy with San Oiego Regional Standard Drawing G-11.
6. If obstructions such as inlets. utility poles. fire hydrants, etc.. are encountered, the ramp locations may be
adjusted upon the approval of the Engineer.
‘1EGIOhdL STdNOdROS COMMITTEE
Coainmator ? C E i21133 3ae GENERAL NOTES FOR
DRAWING 6-32 PEDESTRIAN RAMP NUMBER I L
j 4 n around Opening Transition to norma; curb height in 10 ft. Galv. stet on both sides unless continuor otherwiss noted
SECTION B-t
PLAN
Rounded pipe ends
4 f # 4 around pipe
SECTION C-C SECTION A-A
NOTES: 1. Seo Standard Drawings 0-11 & 0-12
2. Types aro designated as follows: (no wing) 8, (one wing) 8.1, (two wings) 6.2. 3. Exposad edges of concrete shall be rounded with a radius of 1/2".
4. When V exceeds 4' steps shall be installed. See Standard Drawing 0-1 1 for details. 5. Concrete gutter to match adjacent gutters. 6. An axpansion joint shall be placed at the ends of the inlet where the curb is to adjoin.
8. Surface of top slab shall be sidewalk finished to drain toward street at a slope of 1/4" per foot.
9. Maintain I 1/2" clear spacing between reinforcing and surface unless otherwise noted.
for additional notes and details.
LEGEND C
15' Typo
7. Provide 1/4" tooled groove in top slab in line with back of adjacent curb. J T
CURB INLET - TYPE B
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P.C.C. Pavemer RISER RING
Grout around bo
Brick support all aro
on 2" sand base.
from cowr, and to meet existing grade.
PLAN-IN UNPAVED AREA
..
IN PAVED AREA 1. Comr and fmm to be cart integrally with pipa box.
2. Monument bafa rfmy be cast in plw or preah
3. Form and taper exposed upper 6" of cast in place baa to a top diameter of 5". (Precast bas8 shall be sand
4. Monument marker shall be a domed brass, 3" in diameter.
5. Monument Location:
a) Set on all eanterline intersections unless actual location is modified by the Agency and shorn in
modified location on map. When amterline intersection is impractical, offset 5 feet on centerline
of major street, (see detail at right). If neither canterline can be occupied, two monuments will be set
in line around the front on the perimeter of a lafoot diameter circle. whose center is the point.
b) Set on centerline at intervals not exceeding 1000 feet on straight NnS.
cl Set on centerline at points of cumtlln.
d] Set on wnter at wnter points of culdeaa
e) Set on centerline when center point of cul-de-sac is offset from centerline.
f) Theta standards may be modified at the discretion of the Agency in ca3es where strict compliance there-
with results in mom monuments then it considen necessary. The following technique for reducing the
number of monuments will be routine.
g) Substitution of one monutmnt on thi "Point of Intersection" for monuments at the "Beginning of
Curve" and the "Ending of Curve'' when the "Point of Intersection" falls within the pavement area.
h) Deletion of any monumant otherwise required by these standards when its position can be determined
by turning one angle from a point on a straight line between two other monuments, providing such point
b not more than 300 feet from the point on which the deleted monument would have been placed.
Alternate location of mc
Tie distances thorn On 1
division map if alternate
is used.
LOCATION OF !ST1
SURVEY MONUM
STREET SURVEY MONUMENT
+
January 31, 1990
ABC Construction Co. Inc.
3120 National Ave.
San Diego, CA 92113
Re: Bond Release - Contract /I3313 - Manzano Dr. Improvements
The Notice of Completion for the above-referenced contract has
recorded. Therefore, we are releasing 75% of the Performance Bond.
Please consider this letter as your notification that $54,667.02
of Seaboard Surety Company Performance Bond No. 17197589 is hereby
released. We are required to retain the remaining 25% of the bond
for a period of one year. At that time, if no claims have been
filed, it will be released.
The Labor & Materials Bond No. 17197589 in the amount of $36,448.68
will be eligible for release six months from the date of recordation
of the Notice of Completion, on May 17, 1990.
A copy of the recorded Notice of Completion is enclosed for your
records.
j$iiii& Deputy City Clerk
Enc .
~_______
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-28C
-
CITY OF CARLSBAD
When recorded mail to: City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008 Space above for Recorder's use
4
November 13, 1989
Vera L Lyle County Recorder P.O. Box 1750 San Diego, CA 92112
Enclosed for recordation are the following described documents:
Not i ce of Compl et i on Nordquist Development CT 85-18
Lots 68-143
Notice of Compl et i on T.C. Construction
Unit 3
Notice of Completion Brehm Communities
The Meadows
Notice of Compl et i on ABC Construction Company, Incorporated. Street Improvements Manzano Drive
CT 83-21/PUD 57
CT 84-23/PUD 71
Also enclosed is a letter with instructions on how the City is to be billed for the recordation fees incurred.
Thank you for your assistance in this matter.
F .&t*G -a SCLLL
KATHLEEN D. SHOUP CT-I1
KDS/wys
1200 Carlsbad Village Drive Carlsbad, California 92008 (619) 434-28
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
,
Space above for Recorder's use
ROBERT F. DRIVER CO. 3 INC.
1620 5TH AVENUE
SAN DIEGO, CA. 92JO.l
Cc3M,'lAh'Y
I L'TE2 ''A GQLDEI'J EAGLE INSWRANCE
r4 B c CUnstTuctian, Tnc.
3120 National Ave
P3-ICY hUMtfR ALL LiViITS !X FOU
-
j P RSONAL & ADVER-SING INoURY -
EACi- OCCURRENCE
t- ' FIPE DAMAGE (MY ONE FIRE)
CCP088E129
ALL OWRED AUTOS
SCHEDULXI AUTOS
17/01/89 i 7/01/90 b
RESTRICT!CXSI SPCCiAL ITEMS
JOB: Street Improvements ta Manzano Drive
insured a5 per attached CB 20 09.
Carlsbad, CA 992CiQ8-X638? >'AN", vs AGEXTS 84 RE?F
-
9. . ' s POLICY NUMBER: cCpo888e eMMERCIAL GENERAL LIA
ABC Construction Co., Inc.
THIS ENDORSEMENT CHA-NGES THE POLICY. PLEAS€ READ IT CAREFULLY.
( ADDITIONAL INSURED-OWNERS, LESSEES or CONTRACTORS(Forrn A)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization (Additional Insured): Location of
Covered Operation City of Carlsbad Street Improvemer
1200 Elm Ave. Manzano Drive Carlsbad, CA 92008-1989 Project #3313
Premium Basis Rates Advance Premium
Bodliy Injury and (Per
Property Damage Liability cost $1000 of cost) 5
Total Advance Premium $ TBD
(If no entry appears above, information required to complete this endorsement will be shown in the Decla
as applicable to this endorsement.)
1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (othc
include as an insured the person or organization service, maintenance. or rep
(called "additional insured") shown in the Sched- be performed by or on Sehal.
ule but only with respect to liability arising out of: additional insured(s) at the sit covered operations has bee pleted: or A. "Your work" for the additional insured(s) at
the location designated above, or (b) That portion of "your work" which the injury or damage ari 8. Acts or omissions of the additional insured(s)
in connection with their general supervision been put to its intended use of "your work" at the location shown in the person- or organization other t Schedute. other contractor or subcon 2. With respect to the insurance afforded these addi- engaged in performing operat tional insureds. the following additional provisions a principal as a part of ihc apply: project.
A. None of the exclusions under Coverage A. (3) "Bodiiy injury" or "property da except exclusions (a), (d), (e), (f). (b2). (0, arising out of. any act or omissior and (m), apply to this insurance. additional insured(s) or any of th
ployees, other than the general I B. Additional Exclusions. This insurance does sion of work performed for the ad not apply to: insured(s) by you. (1) "Bodily injury" or "property damage" (4) "Property damage" to: for which the additional insured(s) are obligated to pay damages by reason of (a) Property owned. used or OCCL the assumption of liability in a contract of or rented to the additional insi agreement. This exclusion does not apply (b) Property in the care, custody. to liabilityfor damages that the additional trol of the additional insure insured(s) would have in the absence of over which tbe additional ins the contract or agreement. are for any purpose exercisir (2) "Eodily injury" or "property damage" ical control: or
(c) "Your work" for the additi occurring after:
sured(s).
(
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( \
CG 20 09 11 85 Copyright, Insurance Services Office, Inc., 1O-S -