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Home My WebLink AboutABC Construction Company Inc; 1990-02-28; 3304 / 31561. 8- September 5, 1989 ADDENDUM NO. 1 PROJECT: BUENA VISTA LAGOON VISITATION AREA Please include the attached as part of the Contract. This addendum, receipt acknowledged, must be attached to Propos, Form when bid is submitted. PROJECT NO. 3156 * Ruth +s3&43&4 Fletcher PURCHASING OFFICER D 1 ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 I/- ?'\ k.- \ .zj =' d 4i i i 1 jl, 'I *)$LL,~J\ p) Bidder1% sibnaturg \hl&ynt. C-akrn&, &$&y2c - 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 0 (61 9) 434-28( /a+ '. September 5, 1989 ADDENDUM NUMBER ONE BUENA VISTA LAGOON VISITATION AREA PROJECT #3156 8 TO: ALL PRIME CONTRACT BIDDERS OF RECORD NOTICE This Addendum forms a part of the Contract Documents for the abov project and modifies the original drawings and specifications Contract #3156. The original Contract Document remains in forc except where specifically modified by this Addendum. Acknowledge receipt of this Addendum on the Bid Form. Failure t do so may subject Bidder to disqualification. The prime contract bidder is responsible for verifying tha subcontractor and suppliers are fully aware of all change contained in the Addendum. This Addendum consists of two (2) pages herein attached. SPECIFICATIONS SECTION D - CONSTRUCTION METHODS 1. Page 56, Section 300-1, "Clearing and Grubbing1#, add "TI steel barge on the parking lot site shall be removed by tl City prior to the start of construction.'! 2. Page 59, Section 307-3.4.1, "Street Lighting Construction' replace paragraph at the bottom of the page with IIContractc shall coordinate with San Diego Gas St Electric regardii installation of an electrical meter and service panel by tl Contractor. The service panel shall be a comple. installation supplying power for parking lot light! illuminated entrance sign, and irrigation controlle Trenching and/or jacking across Jefferson Street is necessa to reach the SDG&E point-of-connection off of a power pol All expense for bringing power to the parking lot semi point, including trenching/jacking, conduit, and conductor shall be included in bid item #53. b @ - - ".-& -I L" ~ ly- </ I. September 5, 1989 Page 2 3. Page 60, Section 308-2.3.2, llFertilizing and Conditionin Proceduresf1. Under nutritional connection, change flContractor shall amend and rototill 40 lbs. of 1-10-1 fertilizer per 100 SF into the top 8 feet of soil11 t lfContractor shall amend and rototill 40 lbs. of 1-10-1 fertilizer per 1,000 SF into the top 0.8 foot of soil.11 8 PLANS LIGHTING, Sheet #8 1. Change llpullropeff to flconductorsfl. 2. Omit note, IfMay be omitted from work if not necessary t pro j ect . If Change note, "Need to separate service point to be supplie by SDG&E for metered systemt1 to ftContractor to connec separate service point located by SDG&E for metered system. 3. i) * a TABLE OF CONTENTS - E? SECTION DESCRIPTION A CONTRACT DOCUMENTS NOTICE INVITING BIDS.............. ................ BID PROPOSAL...................................... BIDDERS BOND TO ACCOMPANY PROPOSAL ................ DESIGNATION OF SUBCONTRACTORS..................... BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY... . BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE...................................... NON-COLLUSION AFFIDAVIT.......... ................. CONTRACT-PUBLIC WORKS............... .............. CONTRACTOR'S CERTIFICATION OF AWARENESS OF LAWS... LABOR AND MATERIALS BOND.. ........................ PERFORMANCE BOND .................................. ESCROW AGREEMENT FOR DEPOSIT IN LIEU OF RELEASE FORM........... ........................... RETENTION (OPTIONAL) e ............................ B SUPPLEMENTARY PROVISIONS TO THE SSPWC PART 1 - GENERAL PROVISIONS ............................ C SUPPLEMENTARY PROVISIONS TO THE SSPWC PART 2 - CONSTRUCTION MATERIALS. ....................... D SUPPLEMENTARY PROVISIONS TO THE SSPWC PART 3 - CONSTRUCTION METHODS... ....................... 7 .I /'T E- "9/ 1- T ?- I CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:OO p.m. o the 13th day of September, 1989, at which time they will be opened an read for asphalt paving, concrete curb and sidewalk, water mai installation, irrigation, landscaping, and other work as follows: i I BUENA VISTA LAGOON VISITATION AREA CONTRACT NO. 3156 The work shall be performed in strict conformity with th specifications therefore as approved by the City Council of the Cit of Carlsbad on file with Engineering. The specifications for the wor shall consist of the latest edition of the Standard Specifications fc Public Works Construction, hereinafter designated SSPWC, as issued t the Southern Chapters of the American Public Works Associatior Reference is hereby made to the specifications for full particular and description of the work. The City of Carlsbad encourages the participation of minority ar women-owned businesses. No bid will be received unless it is made on a proposal form furnish€ by the Purchasing Department. Each bid must be accompanied t security in a form and amount required by law. The bidder's securit of the second and third next lowest responsive bidders may be withhel until the Contract has been fully executed. The security submittc by all other unsuccessful bidders shall be returned to them, or deemc void, within ten (10) days after the Contract is awarded. Pursuar to the provisions of law (Public Contract Code §22300), appropriat securities may be substituted for any obligation required by thj notice or for any monies withheld by the City to ensure performanc under this Contract. If Contractor elects to use an escrow agent 510263 of the Public Contract Code requires monies or securities k deposited with State Treasurer or a state or federally chartered bar in California. The documents which must be completed, properly executed, ar notarized are: I 1 B B I b I 1 1 I 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 Experience 6. Non-Collusion Affidavit II 1 P I I All bids will be compared on the basis of the Engineer's Estimate The estimated quantities are approximate and serve solely as a bas for the comparison of bids. The Engineer's Estimate is $110,000. I No bid shall be accepted from a Contractor who has not been lice with classification tlAtl in accordance with the provisions of 5 law. The Contractor shall state his or her license number classification in the proposal. If the Contractor intends to utilize the escrow agreement in contract documents in lieu of the usual 10% retention from payment, these documents must be completed and submitted with signed contract. The escrow agreement may not be substituted later date. Sets of plans, special provisions, and Contract Documents ma obtained at the Purchasing Department, City Hall, 1200 Elm Avc Carlsbad, California, free of charge. The City of Carlsbad reserves the right to reject any or all bid: to waive any minor irregularity The general prevailing rate of wages for each craft or type of wc needed to execute the Contract shall be those as determined bq Director of Industrial Relations pursuant to the Sections 1770, and 1773.1 of the California Labor Code. Pursuant to 51773.2 01 California Labor Code, a current copy of applicable wage rates : file in the Office of the Carlsbad City Clerk. The Contractor to the Contract is awarded shall not pay less than the said spec: prevailing rates of wages to a1 workers employed by him or her ii execution of the Contract. The Prime Contractor shall be responsible to insure compliance provisions of 51777.5 of the California Labor Code and 54100 et. of the Public Contracts Code, ItSubletting and Subcontracting Practices Act.It The provisions of Part 7, Chapter 1, of California Labor Code commencing with 51720 shall apply to Contract for work. A prebid meeting will not be held. The site is open for inspec1 Bidders are advised to verify the issuance of all addenda and re( thereof one day prior to bidding. Submission of bids wif acknowledgment of addenda may be cause of rejection of bid. Bonds to secure faithful performance of the work and paymen laborers and materials suppliers each in an amount equal to hundred percent (100%) and fifty percent (50%), respectively, o Contract price will be required for work in this project. The Contractor shall be required to maintain insurance as spec in the contract. Any additional cost of said insurance shal included in the bid price. i* 1 I B I I 4 & I 8 ls t E P I or informality in such bids. I 2 ? I Approved by the City Council of the City of Carlsbad, California Resolution No. 89-242, adopted on the 18th day of July, 1989. i 1 I I 2 I I) U e I E 3 4 P 1 3 g$h,7 I Date b I CITY OF CARLSBAD BUENA VISTA LAGOON VISITATION AREA CONTRACT NO. 3156 PROPOSAL # I 1 1 s I i 4 1 I I I B 1 I City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the loca of the work, read the Notice Inviting Bids, examined the Plans Specifications, and hereby proposes to furnish all labor, materi equipment, transportation, and services required to do all the to complete Contract No. 3156 in accordance with the Plans Specifications of the City of Carlsbad, and the Special Provisions that he/she will take in full payment therefore the following prices for each item complete, to wit: ESTIMATED TOTAI ITEM QUANTITY ITEM DESCRIPTION WITH NO. AND UNIT PRICES WRITTEN IN WORDS COST (DOLLA SURFACE IMPROVEMENTS 1 LS UNIT l: c- DOLLARS (LUMP SUM) 2 LS /4 - 3 200 CY 32:'c /: ' DOLLARS PER CUBIC YARD 4 200 TON &JL k h" 75 ~ I DOLLARS PER TON P 4 IC ESTIMATED ITEM QUANTITY ITEM DESCRIPTION WITH UNIT TOTAL NO. AND UNIT PRICES WRITTEN IN WORDS COST (DOLLA 5 40 TON 6" DG SURFACE AT i4 + d* ,- DOLLARS PER TON 1 1 1 1 1 1 b9 1 I I 8 I I 6 345 TON AGGREGATE BASE AT d k d>r + > -,.P-. *I' I- DOLLARS PER TON 7 425 LF NCRETE CURB AT i/ '-< #.L /' DOLLARS PER LINEAR FOOT I 8 620 LF 6" TYPE "B-3" CONCRETE 3-*<:" 3 IC/: DOLLARS PER LINEAR FOOT 253 LF J 7 yd. DOLLARS PER LINEAR FOOT 10 300 LF / g:. t, L$''9a I DOLLARS PER LINEAR FOOT 11 1 EA P AT j i,&_/ L, 4 12 132 LF f L rd -c 1 DOLLARS PER LINEAR FOOT 13 86 SF ti &? 7 DOLLARS PER SQUARE FOOT,, P 5 I ESTIMATED ITEM QUANTITY ITEM DESCRIPTION WITH UNIT TOTAL NO. AND UNIT PRICES WRITTEN IN WORDS COST (DOLLAR 14 180 SF T 7 -- B,dtLe "-- 2* a'+---- + DOLLARS PER SQUARE FOOT c.3 <- 1 I I I 8 I b I I 1 I I 1 15 615 SF P.c/.C. SIDEWALK AT /L%=Y /&"ALL ,c- c J DOLLARS PER SQUARE FOOT 16 1820 SF 4" DECORATIVE CONCRETE (BOMANITE) PAVING ON 2" c+ P, Be'* DOLLARS PER SQUARE FOOT 17 435 LF ROADWAY STRIPING AT ,?G<* r p, J>.-cs-: DOLLARS PER LINEAR FOOT ,- 18 LS 5. ',- <" -F' j DOLLARS (LUMP SUM) 19 LS L t L- i { L ,LL L 5 II DOLLARS-(LUMP SUM) 20 LS g-c e DOLLARS (LUMP SUM) 21 125 LF t /<A ,' 4 DOLLARS PER LINEAR FOOT 22 54 LF 2" WATER SEQVICE AT di. g& p%d+" , ,/L&LL< / -' c+, 2- /- DOLLARS PER LINEAR FOOT 6 P I ESTIMATED UNIT TOTAL PRICES WRITTEN IN WORDS COST (DOLLAI ITEM QUANTITY ITEM DESCRIPTION WITH NO AND UNIT 23 160 LF RELOCATE EXISTING C.L. ' 7 - ",q ,7Lc -= 1 1 I I c, ' 1 1 1 b 27 8 ! I 1 4 1 1 .,-- DOLLARS PER LINEAR FOOT 24 9 EA REGULATORY AND WARNING f, "- ..-/ _- , E- 25 5 EA &?z? cc *_Jc 26 170 LF *- 1, ?* * J /c DOLLARS PER LINEAR FOOT 75 LF D HEADER AT ,ik -! I DOLLARS PER LINEAR FOOT 28 204 EA &Y * -,f, i."' DOLLARS EACH 29 135 EA 1 GALLON SHRUBS AT 7 /c-;- c4 ,'fc - j _. 3 DOLLARS EACH 30 6 EA y4<. : - -;\ /L DOLLARS EACH 31 50 CY <- rb- /C" c 2gz-G DOLLARS PER CUBIC YARD 7 P I ESTIMATED ITEM QUANTITY ITEM DESCRIPTION WITH UNIT TOTAI NO. AND UNIT PRICES WRITTEN IN WORDS COST (DOLL2 32 LS 1. ',' % : 8< @c + DOLLARS (LUMP SUM) I 1 i 1 I I I 1 1 I I I 33 LS j-b : 3 -6 DOLLARS (LUMP SUM) 34 LS [. /:2 _'. f, r'. 1 DOLLARS (LUMP SUM) 35 600 LF -X -, i ; ba t4 DOLLARS PER LINEAR FOOT 36 5 EA Lis DOLLARS EACH 37 6 EA BAL& VALVE AT c e &% j -z- ,2 ie ,- DOLLARS EACH 38 5 EA LOW VOLTAGE WIRING AND REMOVE CONTROL VALVE AT .L -"s-2* /", J 7 DOLLARS EACH 39 1 EA 22 c. - y fd c- _, , ,' 9 DOLLARS EACH 40 56 EA k4 DOLLARS EACH 41 72 LF 1.5" and H 80 SLEEVE AT _i" c DOLLARS PER FOOT 8 P I ESTIMATED AND UNIT PRICES WRITTEN IN WORDS COST (DOLLAR ITEM QUANTITY ITEM DESCRIPTION WITH UNIT TOTAL LS PVC-LATERAL AT 4 NO. 42 Y ;* I- ,/,"&/.+<~# //M./&&& DOLLARS (LUMP SUM) /" /.-'. , 43 200 LF 8 I I 8 I u L I I I I 1 I I 7CG. 2 jc' DOLLARS PER FOOT LIGHTING 44 3 EA d.. x //- f-71' DOLLARS EACH 45 1 EA 3, LT'Lt DOLLARS EACH 46 1 EA SIGN FLOOD LIG c ?,%LC DOLLARS EACH 47 350 LF ELEC. COND T AND WIRING AT $5.-,L?, 22 < '" 7 ' DOLLARS PER LINEAR FOOT 48 5 EA e. 7- 49 1 EA DOLLARS EACH 50 5 EA g, <, L . DOLLARS EACH -. .e 51 1 EA /i c _. &A#,, : - .%.'Vl.* -,4- / 5 ~ <LC.-' DOLLARS EACH 52 1 EA fc L. , 1 DOLLARS EACH 53 1LS /"/ RICAL SERVICE ACROSS J P I >- - .OL 8 'J/ c fy' LC' d I./& L-', Jr '. ; - +I 1.' , f"1 I qv$z f A/ b lk&’ BASE BID: All labor, material, services and equipment necessary completion of all the work indicated in the construction drawing conformance with the specifications. word B m 1 I I a & I I 8 I 1 I I 1 10 Addendum (a) No (s) . / has/have been rece and is/are included in this proposal. All bids must be computed on the basis of the given estim quantities of work, as indicated in this proposal, times the price as submitted by the bidder. In case of a discrepancy bet words and figures, the words shall prevail. In case of an err0 the extension of a unit price, the corrected extension shal calculated and the bids will be computed as indicated above compared on the basis of the corrected totals. All prices must k ink or typewritten. Changes or corrections may be crossed out typed or written in with ink and must be initialed in ink by a PC authorized to sign for the Contractor. The Undersigned has checked carefully all of the above figures understands that the City will not be responsible for an err0 omissions of the part of the Undersigned in making up this bid. The Undersigned agrees to return four (4) signed copies of contract documents with the required bonds, notary stamps, r: contract documents with the required bonding company (one for bond), and certificate of insurance to the Project Manager no 1 than twenty (20) days from award of contract by the City Council receipt of blank bid documents to be supplied by the City. Project Manager may be contacted at: CITY OF CARLSBAD, Municipal Projects Department 2075 Las Palmas Drive Carlsbad, California 92009-4859 Attention: Gary Xellison (438-1161, extension 4383) Late delivery of contract documents beyond the twenty (20) allowed will reduce the time of completion specified in Sectior of the Supplementary General Provisions. The Undersigned agrees that in case of default in executing required Contract with necessary bonds and insurance policies wi twenty (20) days from the date of Award of Contract by City COL of the City of Carlsbad, the proceeds of check or bond accompar this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of Califc providing for the Registration of Contractors, License 25Ct7(@ Classification(s) AJ? Qa f m 8 The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of 1 City of Carlsbad is personally interested, directly indirectly, in this Contract, or the compensation to paid hereunder: that no representation, oral or in writii of the City Council, its officers, agents, or employees 1 inducted him/her to enter into this Contract, except. only those contained in this form of Contract and the papc made a part hereof by its terms: and ? m I I 1 I I I, I I I I 1 1 I I 2. That this bid is made without connection with any pers firm, or corporation making a bid for the same work, and in all respects fair and without collusion or fraud. Accompanying this proposal is [BiJdfj 8dfld' (Cash, Certified Check, Bond or Cashier's Check) for ten percent (1 of the amount bid. The Undersigned is aware of the provisions of Section 3700 of California Labor Code which requires every employer to be insL against liability for workers' compensation or to undertake SE insurance in accordance with the provisions of that code, and agr to comply with such provisions before commencing the performance the work of this Contract. The Undersigned is aware of the provisions of the State of Calif01 Labor Code, Part 7, Chapter 1, Article 2, relative to the gent prevailing rate of wages for each craft or type of worker needec execute the Contract and agrees to comply with its provisions. ARC rh/lS+mcfi6n Cwp4ny. 2 Bidder's Name * h2f) &7?3%8 Phone Number I' f 13,/9801 Date Date Authorized Signature 3/20 /-&+I &d/q& sku. 92//3 eacpdrG+im - Bidder's Address Type of Organization (Individual, Corporation, ~r Partnership) P 11 I List below names of President, Secretary, Treasurer, and Manager, a corporation; and names of all partners, if a partnership: n-dry CJ /V k2?5/leh c*fl4:5: LqflJm! f PhS/dt%+- zu bf?f.AL/+. .Sf f Yf th CzUkhpATd. i 1 1 u i 1 1 I I t I" 1 I P 1. ucfnq ~,tubs/ n /,f',-frsCs"' u/p+ - (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL Z?R€NE!- MUST ATTACHED) ( ~ORPC~TE SEAL) ) 1 STATE OF California C 3C'NTY OF San Diego t hi r t e ezlh ss : Sep t emhe r day of 1989, before me per to me known, who, b On this b SJAYNE CZUBERNAT came 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 the said corporation; that the seal affixed to the said instrument is such 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 instruqient by like ord of the ABC CONSTRUCTION CO President t, /' , \\ /- -\ ' 'g - 1 .* --\ ',%v t -4 q. . ?\ I, 1 Notary Public-Caltfornia PRINCIPAL COUNTY IN SAN DIEGO COUNTY My Cornm Exp May 28 1991 NdThY PUBhIC 1 e- --r- r" -7-p __ I 12 1 COUNTY OF San Diego ) STATE OF California ss: On this thirteenth day of September 1989, before me 1 to me known, who, 1 came WAYNE CZUBERNAT 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 corporafion whFch executed the foregoing instrument; that he knows the se: the said corporation; that the seal affixed to the said instrument is such COI corporation, and that he signed his name to the -- seal-; that it was so affixed by order of the Board of Directors of the said - -1 STATE OF CALIFORNIA 1 ) ss.: CITY AND COUNTY OF SAN DIEGO ) On this llTH day of SEPTEMBER 19 - 89, before me, the undersigned Not BETT a perso in and for the State, personally appeared IE L. GABCIA me (or proved to me on the basis of satisfactory evidence), to be the person who exec written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand an Seal this llTH day of SEPTEMBER A.D., \ i My commission expires Notary Public B 91 BIDDER'S BOND TO ACCOMPANY PROPOSAL - KNOW ALL PERSONS BY THESE PRESENTS: That we, ABC CONSTRUCTION CO., INC. , as Principa and SEABOARD SURETY COMPANY , as Surety are held and firm bound unto the City of Carlsbad, California, in an amount as follow (must be at least ten percent (10%) of the bid amount) * s 1 TEN PERCENT OF THE TOTAL AMOUNT OF THEIANYTNG RTll (10% OF BID)----------------------------------------- for which payment will and truly made, we bind ourselves, our heir executors and administrators, successors or assigns, jointly a THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the propos of the above-bounden principal for: - ~ - ~ - - P severally, firmly by these payments. - = - = BUENA VISTA LAGOON VISITATION AREA CONTRACT NO. 31 56 in the City of Carlsbad, is accepted by the City Council of said Cit and if the above bounden Principal shall duly enter into and execu a Contract including required bonds and insurance policies within t (10) days from the date of Award of Contract by the City Council the City of Carlsbad, being duly notified of said award, then tk obligation shall become null and void; otherwise, it shall be a remain in full force and effect, and the amount specified herein sha be forfeited to the said City. In the event any Principal above named executed this bond as individual, it is agreed that the death of any such Principal sha not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this llTH c of SEPTEMBER , 1989. 4 __ B --- Corporate - Seal (if Corporation) (NOTARIAL ACKNOWLEDGEMENT OF 4 (ATTACH ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS ta ATTORNEY IN FACT) AND SURETY MUST BE ATTACHED.) 1 1 .I_ 1 9- (CORPORATE SEAL) L. 13 1-, For veiificaiion of the aclthenticity of this Power of Attorney you may ca!i, coiled, 290:-658-3500 and ask ?e: the Pwer of Alternap clerk. Piease rafer of Attorney nttmber, the above nsmed individua!(s) a3d derails of the bond to in/!iich the power is attached. in New YSik, Dia: 212-527-5444. - I r I DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the sub-bids of following listed Contractors in making up his/her bid and that sub-contractors listed will be used for the work for which they 1 subject to the approval of the City Engineer, and in accordance 1 applicable provisions of the specifications and Section 4140 et I of the Public Contracts Code - ltSubletting and Subcontracting Practices Act. It No changes may be made in these subcontractors exc upon the prior approval of the City Engineer of the City of Carlsl The following information is required for each sub-contrac. Additional pages can be attached if required: Items of Full Company Complete Address Phone No. i 1 I I I I /i/ &$L'# 1 I 1 II I , :" / I 1 I Work Name with Zip Code with Area Code J%pm/ "y ' $7 5 e?..- 792 * s-in a, 6Y I( L4 ff; 6: H L A /G,,-$,s,4- #.,<rf /. -$, h /"- ;1 5- .,?& 5s 4 -IC 4 ,i -- A& 2;"; x 8 /"--- - J P, L & +f JJ #J/ f-6 Jr 5' A/$. ' j-pJ-- &fgL >. ,I , z',: 6, *: ,/ /&5 L,,k. - I- < /&",&;f: J fir/,, 4 ;pi * +f ;'/ - /i J . /s- /?p+/y r.% .2/ 7" * 65 -<? y-1- _- / 7 -/X0 :,*/yl 5 6q KU/L &+-"4 I i /L &. /rhb ),4 i/',, AJ3 ; 9 14 ABC CONSTRUCTION COMPANY, INC. 3120 National Avenue San Diego, California 92113 Phone 619-239-3428 Fax 619-239-6614 License No. A-254763 * February 7, 1990 City of Carlsbad, Purchasing 1200 Elm Avenue Carlsbad, CA 92008 Attention: Marilyn Reference: Buena Vista Lagoon Dear Marilyn: ABC Construction Co., Inc. is pleased to submit the information you re- quested today over the telephone - Financial statement is enclosed and below please find our list of subcontractors and their addresses. Engineering: Southland Surveying (619) 792-5550 11722 Sorrento Valley Rd., Ste. F2 San Diego, CA 92121 0 Concrete: Sapper Construction Co., Inc. (619) 280-3650 P.O. Box 20534 San Diego, CA 92120 Underground & JSA Pipeline, Inc. (619) 431-1545 Drinking Fountain: 5315 Avenida Encinas, Suite M Carlsbad, CA 92008 Fencing & Traffic Atlas Fence Co., Inc. (619) 232-1151 Signs : 1211 S. 32nd St. Electrical: MCR Electrical Contractors, Inc. (619) 575-4601 P.O. Box 1515 Imperial Beach, CA 92032 San Diego, Ca 92113 Sign & Kiosk: AAA Sign Co. (619) 258-2155 4703 University Ave. San Diego, CA 92105 Landscape & Irrigation: Landscape Services (619) 443-3055 13685 Highway 8 Business El Cajon, CA 92021 1) -1- City of Carlsbad 2/7/90 page two Names and addresses of Subcontractors continued. * Striping & Painting: Orange County Striping (714) 639-4550 183 N. Pixley Orange, CA 92668 Bomani t e : Shea Brothers (619) 941-3673 651 E. Vista Way, Suite F Vista, CA 92084 If you need additional information please feel free to call. We look forward to working with The City of Carlsbad on this project. Respectfully submitted, ABC CONSTRUCTION COMPANY, INC. L* (-' 1- ,/ -If,> ,\- ' <;\,'LL It.-\- dd& " \ I .. '1 tl P.J/ \ WAYNE CZUBERNAT President WC:dlk enclosures 0 * STATE OF California 1 COUNTY OF San Diego 1 thirteenth WAYNE CZUBSRXNAT ss : day of SePtember 1989, before me perst to me known, who, be Qn this came me duly sworn, did depose and say that he resides in San Diego, CA of the ABC Construction Co, that he is the 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 c 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 ordc KENNETH CZU BERN AT Notary Publtc-Californla SAN DIEGO CCUNTY My Cornrri Ex; Wv21 1-- PRINCIPAL COUNTY 1% % v .--.=".-2----z- I DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids all the listed subcontractors as part of the sealed bid submissic Additional pages can be attached, if required. Type of State Carlsbad Amount Contracting Business of Full ComPany Name License & No. License No.* Bid ($ or %) I u I 8 I D 8 I I I I 1. 1- 1 I 1. * * Licenses are renewable annually. If no valid license, indicE "NONE.'I Valid license must be obtained prior to submission of sigr Contracts. A$C hfiskudim bqP4ny;.z;.icr 3/20 /vd/d/P. 5r;ln.OIfJO ,(!A e NO c/ne CU&LZ&, L.hxrid/d- Bidder's Company Name (NOTARIAL ACKNOWLEDGEMENT OF Bidder's Complete Addressd ' EXCEPTION MUST BE ATTACHED.) r. 4 -- \;f \-.-. f&-, ~ kz: .. ,, , c "-- L \, . ... (mRPCRATE SEAL) Author5zed Signature 15 P 1 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statemen his/her financial responsibility. % !/)if/ <~,!!m;& .<??bh~Ufl-f- of ~%knr/d CY$& msi b7; f-r/ lf fPoutrk d)/f L?eQ gfffi t /fi~ci hdd, J* I I I I U I I L S3'ATE OF California 1 COUNTY OF San Diego 1 thirteenth ss: day of September 1989, before me perzdn to me known, who, bein On this came WAYNE CZUBERNAT San Diego, CA - 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 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 I KENNETH CZUBERNAT Notary Public-Californla I INClPAL COUNTY IN . m I; f D I 1. - \ -- (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED) (CORPORATE SEAL) 16 t 5 1 1 I wEsr JOf-INSTON TUKNQUI! tk S(;I-IMi?"T ACCOUNTAhCY CORPORATION 0 2550 Fifth Avenue, Surte 1009 San Diego, CA 921 03 (Gl9j 234 6775 I Fux (619) 69G 6581 INDEPENDENT ACCOUNTANTS' REPORT I 1 I 1 To the Board of Directors ABC Construction Co., Inc. San Diego, California We have reviewed the accompanying balance sheet of ABC Construction Co., Inc., as of March 31, 1989 and the related statements of income and retained earnings, and cash flows for the year then ended, in accordance with standards established by the American Institute of Certified Public Accountants. All of the information included in those financial statements is the representation of the management of ABC Construction Co., Inc. - 1 A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit conducted in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the *financial statements taken as a whole. Accordingly, we do not express such an opinion. ' 0 1 1 I I Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. (Tf/&+ Jame H. West, C.P.A. I for WEST, JOHNSTON, TURNQUIST & SCHMITT San Diego, California May 3, 1989 1 1 JAMES H Xsr. c PA &&,YMONI) I) JOHNSrON C P A WIll IAM 14 TUWQuICF, c I'A CmLFS p sCHMITT c PA AlLENE McblANUS, C PA WE COOIFY CPA ~DWARD w K] rR(WFR C P A ROBFRT K ATHY C PA J 1) 1. A ffJiated wrth the internmonal firm o/ Moore St@hm Mth OfJlCs tn WncN Cltm wkhde ~~k of The American Group of CPA Firm and The Amencan I?t.Wute Of Cf'AS, dwwon of /Inns 4 I. 1 v ABC CONSTRUCTION CO., INC. BALANCE SHEET March 31 , 1989 See Accountants' Review Report I 8 ASSETS I I I CURRENT ASSETS Cash $ 176,527 Receivables (Note 2) 476 , 202 Costs and estimated earnings in excess of billings on uncompleted contracts (Note 3) 11 5,339 Prepaid expenses 10,689 1 Total current assets $ 778,757 RECEIVABLE FROM STOCKHOLDER 14,700 PROPERTY AND EQUIPMENT, less accumulated depreciation I 1 (Notes 4 and 5) 303,111 $1,096,568 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES '0 Cu,rrent maturities of long-term debt (Note 5) $ 26,033 Accounts payable 335,070 Accrued expenses 146,203 Income taxes payable 3,570 Billings in excess of costs and estimated earnings on uncompleted contracts (Note 3) 7,500 I Total current liabilities $ 518,376 1 1 - LONG-TEW4 DEBT, less current maturities (Note 5) $ 75,510 CONTINGENCY (Note 6) STOCKHOLDERS' EQUITY 1 1 I I Common stock, $10 par value; authorized 7,500 shares; issued and outstanding 2,500 shares $ 25,000 Retained earnings 477,682 $ 502,682 $1,096,568 See Notes to Financial Statements. -2- 1. I . ~ - --_ - ---^___ _____-___-_ - -- - - .--- - I - STATE OF California 1 COUNTY OF San Diego ) ss : 1989 o before me pers to me known, who, be September day of thirteenth WAYNE CZUBERNAT On this cane me duly sworn, did depose and say that he resides in San Diego, CA of the ABC CONSTRUCTION CO. that he 2s the the corporation which executed the foregoing instrument; that he knows thz 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 thac he signed his name to the said instrument by like orde President L 1’ -* i OFFICIAL SEAL KENNETH CZUBERNAT i- -’ Notary Public-Caltfom ,j I BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar charactei that included in the proposed Contract he/she has successfi performed and give references, with telephone numbers, which I enable the City to judge his/her responsibility, experience and sk. An attachment can be used, if notarized or sealed. I Date I I I I IName and Phone' I 'Contract 'Name and Address No. of Person I Type of IAmount of I 1 Completed I 9 of the Employer ! to Contact ! Work j Contract IS+ MJtB;nf 1 106 $33.15 I I Df#. df NflV I I b/S? jGmf P.d/&m I 7i95-?%5 I I&b MCG(noi3 PLrnp .- 1 LJj&7/flf ja5S:952.3/ I I I I GB9 j M-frLMs ! 63s-335cf I I L~/R j C.,/SO~~S I 0?g-gf77 !wl.dp/l/>q !a37',S73031 I I j/%,@% 78 I I : 3''/CgLlay i5 I , ;r~ s~~i.<~D j 270 - 72 kn/q S+&bfi- I 4/87 icckq I j%mPmy/nL4bj f34273. @ I I ." " I 15fi . Jb-dzQ I 25S-Ornb iCrw,k uemyj-* I 4/89 I@ 8 I I y/F? !G+7% b/33eSo i q63-61,// I hh4?/7ih$- I %9,62'3.@ I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I 1 I I I I j I I I I I I 1 -1 I I I I I* I I I I I I ! I I I I I 1 I c I I I 1 I I bl 1 I I I' I II i I* * * I B~i5 Drn;i/deJ ' ZeyJiJ- Q.nP J L3di t- SZflt 6757tseP'/Af19. v- " 53: I I $ 1" w i 1. L! L"1 $ L ,"( t B LiLh ~,- k--- - 'signature dayfir Cz.&wnL ?fi (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) 17 t I 1 U State of California County of SanD,h * 1 4 I I I Of I b 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 1 ) ss. ? , being first duly sworn, S ?if<% 2fi.tc df3C (?ofls+rr rh.0" GMom,,ac. (Title) (Name of Firm) ' the party making the foregoing bid that the bid is not made in I interest of, or on behalf of, any undisclosed person, partnersh: company, association, organization, or corporation; that the bid genuine and not collusive or sham: that the bidder has not direcl or indirectly induced or solicited any other bidder to put on a fa: or sham bid, and has not directly or indirectly colluded, conspirc connived, or agreed with any bidder or anyone else to put in a sh: bid, or that anyone shall refrain from bidding that the bidder has I in any manner, directly or indirectly, sought by agreemc communication, or conference with anyone to fix the bid price, or that of any other bidder, or to fix any overhead, profit, or c( element of advantage against the public body awarding the contract anyone interested in the proposed contract; that all statemer contained in the bid are true; and further, that the bidder has nc directly or indirectly, submitted his or her bid price or i breakdown thereof, or the contents thereof, or divulged informat or data relative thereto, or paid, and will not pay, any fee to i corporation, partnership, company association, organization, I depository, or to any member or agent thereof to effectuate I I -1 collusive or sham bid. I declare under penalty of perjury that the foregoing is true i correct and that this affidavit was executed on the /3fh day of *kflhx , 1989. (- k 1 I I I I 1 - : :*, ,!,? L b\,, & i v i, -->- /to \, ~ r -L 'Signature &yvr~ hbp/nL+, PRS/h+ 18 f - ISSUE DATE OF INSU 2-1: : PROPUCER , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV ROBERT F. DRIVER CO., INC. COMPANIES AFFORDING COVERAGE 620 5TH AVENUE AN DIEGO, CA. 92101 AGENT: STEVEN MESSER COMPANY SUB-CODE LETTER A GOLDEN EAGLE INSURANCE Q CODE INSURED LETTER B COMPANY COMPANY A B C Construction, Inc. LETTER c 1 3120 National Ave COMPANY ~ San Diego CA 92113-2544 LETTER i, COMPANY LETTER E -1_1 l-l--------.ll- COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEF NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFl ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ALL LIMITS IN THOUSA POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDNY) DATE (MMIDDNY) TYPEOFINSURANCE POLICY NUMBER co LTR y A GENERAL LIABILITY CCP08 8 82 9 7/ 0 1/ 8 9 7/ 0 1/ 9 0 GENERAL AGGREGATE : X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE CLAIMS MADE x OCCUR PERSONAL & ADVERTISING INJURY , OWNEFI'S & CONTRACTOR'S PROT EACH OCCURRENCE FIRE DAMAGE (Any one fire) MEDICAL EXPENSE (Any one person) i 1 A AUTOMOBILE LIABILITY CCP088829 7/01/89 7/01/90 ;;$;FED I 100 $ @x ALL OWNED AUTOS INJURY $ x SCHEDULED AUTOS (Per person) x HIREDAUTOS BODILY x NON-OWNED AIJTOS (Per accident) ANY AUTO LIMIT BODILY INJURY $ GARAGE LIABILITY PROPERTY DAMAGE $ EACH ' A EXCESS LIABILITY EXC088830 7/01/89 7/01/90 OCCURRENCE I $1000 5 I x OTHER THAN UMBRELLA FORM PWC06 2 3 8 6 7/01/89 7/01/90 STATUTORY ' A WORKERS COMPENSATION 5 100 (EACHAC 5 500 (DISEASE $ 100 (DISEASE AND EMPLOYERS LIABILITY I Additional Insured as per attached CG 20 09. DESCRIPTION OF OPERATlONS/LGCATlONSiVEHlCLES/RESTRlCTlONS/SPECIAL ITEMS Contract #3304 Formerly #3156, Buena Vista Lagoon Visitation Area. 1 - _1_1~-~- .l~lll~-- CERTIFICATE HOLDER CA~ZCFLLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEF( EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILmm)P 3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEC i City of Carlsbad ' 1200 Carlsbad VillagE Drive & Carlsbad, CA 92008-1989 rC~~~~~~X~~X~MdP~XB;WQDI~~ X~MIX~~~~~~~~~~~~~~~~~~~ -- ~ I I Steven P. Messer/r AUTHORIZED ACORD 25-S (3/88) 2T6 8 - rLLruoooL? HUL LUIYJ I nUL 1 IUN LU. f THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL r' - , ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) a* This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: ci +-- of earl shad 1. WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you With respect to 1. above the following additional provisions apply: 2. 4. Other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek mi from any other insurance available to the insured unless the other insurance is provid contractor. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this meth Under this approach, each insurer contributes equal amounts until it has paid its applicablt insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute I Under this method, each insurer's share is based on the ratio of its applicable limit of insuranc total applicable limits of insurance of all insurers. e RE: Contract #3304 formerly #3156 IncIuces copyrighted material of Insurance Services Office, Inc. with rts permission. Copyright. Insurance Services Office. inc., 1984 a CUCG 20 10 06 88 LICENSE MUST BE POSTE BUSINESS PREMISES. NOTIFY BUSINESS LICENSE IF YOU CHANGE LOCATION ROBERT CZUBERNAT KENNETH CZUBERNAT 619-234-342 MAILING ABC CONSTRUCTION CO IMC ADDRESS 3120 NATIONAL AVENUE SAN DIEGO, CA FEE-SCHEDULE PC80 ,? I" APPLICANTS COPY i. Y e < v CONTRACT - PUBLIC WORKS 1 @ This agreement is made this &@day of - I 19P4, by between the City of Carlsbad, California, a munidi'pal corporat (hereinafter called llCityll) , and whose principal place of business is 3170 -1 A\/wp - qan _-.. nip* .- (hereinafter called "Contractor". ) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all 1 ABC Construction C-y, Tnc. 1 I I, 1 I b I 1 I 1 I I I I specified in the Contract documents for: BUENA VISTA LAGOON VISITATION AREA CONT-CT NO. 3304 FORMERLY 31 56 (hereinafter called llproj ect") 2. Provisions of Labor and Materials. Contractor shall pro' all labor, materials, tools, equipment, and personnel perform the work specified by the Contract documents. Contract; the bid documents, including the Notice to Bidd Instructions to Bidders' and Contractors' Proposals; the P and Specifications, the Special Provisions, and all pr amendments and changes made thereto in accordance with Contract or the Plans and Specifications, and the bonds for project; all of which are incorporated herein by reference. The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by ' the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. 4. Payment. 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 Specifications Public Works Construction. The closure date for each mon invoice will be the 30th of each month. I 3. Contract Documents. The Contract documents consist of 19 P 1 Invoices from the Contractor shall be submitted accordin the required City format to the City's assigned project mar no later than the 5th day of each month. Payments wil delayed if invoices are received after the 5th of each mc The final retention amount shall not be released until expiration of thirty-five (35) days following the recordir the Notice of Completion pursuant to California Civil Section 3184. 5. Independent Investisation. Contractor has made an Indeper Investigation of the jobsite, the soil conditions at jobsite, and all other conditions that might affect progress of the work, and is aware of those conditions. Contract price includes payment for all work that may be by Contractor, whether anticipated or not, in order to ovei underground conditions. Any information that may have furnished to Contractor by City about ynderground condit or other job conditions is for Contractor's convenience c and City does not warrant that the conditions are as indicated, Contractor is satisfied with all job conditi including underground conditions and has not relied information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contri shall be responsible for all loss or damage arising out 01 nature of the work or from the action of the elements or any unforeseen difficulties which may arise or be encount in the prosecution. of the work until its acceptance by city. Contractor shall also be responsible for expc incurred in the suspension or discontinuance of the t However, Contractor shall not be responsible for reasor delays in the. completion of the work caused by acts of stormy weather, extra work, or matters which the specificat expressly stipulate will be borne by City. 7. Chanse Orders. City may, without affecting the validit the Contract , order changes , modifications and extra WOI issuance of written change orders. Contractor shall mal change in the work without the issuance of a written cl order, and Contractor shall not be entitled to compensatio any extra work performed unless the City has issued a wri change order designating in advance the amount of additj compensation to be paid for the work. If a change c deletes any work, the Contract price shall be reduced by a and reasonable amount. If the parties are unable to agrc the amount of reduction, the work shall nevertheless prc and the amount shall be determined by litigation. The person authorized to order changes or extra work is the Prc Manager. The written change order must be executed by the Manager if it is for $15,000.00 or less or approved by the Council and executed by the Mayor if the amount of the cl order exceeds $15,000.00. I I I I II I I b I I I I 1 I I I r 20 I 8. Immisration Reform and Control Act. Contractor shall com with the requirements of the lvImmigration Reform and Cont Act of 1986" (8 USC Section 1101-1525). Prevailins Waae. 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 and a c of a schedule of said general prevailing wage rates is on f in the office of the Carlsbad City Clerk, and is incorpora by reference herein. Pursuant to California Labor Co Section 1775, Contractor shall pay prevailing wage Contractor shall post copies of all applicable prevailingwa on the job site. I 9. I 1 I I I b I I I I 1 I I I 10. Indemnity. Contractor shall assume the defense of, pay expenses of defense, and indemnify and hold harmless the Ci and its officers and employees, from all claims, loss, dama injury and liability of every kind, nature and descripti directly or indirectly arising from or in connection with performance of the Contractor or work; or from any failure alleged failure of Contractor to comply with any applica law, rules or regulations including those relating to saf and health; except for loss or damage which was caused sol by the active negligence of the City; and from any and claims, loss, damages, injury and liability, howsoever the s may be caused, resulting directly or indirectly from the nat of the work covered by the Contract, unless the loss or dan 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 disF resolution method. i 11. Insurance. Without limiting Contractorls indemnification, is agreed that Contractor shall maintain in force at all ti during the performance of this agreement a policy or polic of liability insurance at least $1,000,000.00 combined sir limit covering its operations, including coverage contractual liability and insurance covering the liability forth herein. The policy or policies shall comply with the special insurance instructions in the Supplementary General Provisions and shall contain the following clauses: A. "The City is added as an additional insured as respc operations of the named insured performed under conti with the City." 21 r I B. "It is agreed that any insurance maintained by the shall apply in excess of and not contribute with, insur provided by this policy." C. llThis insurance shall not be cancelled, limited or renewed until after thirty (30) days written notice been given to the City." D. "The insurer waives any rights of subrogation it ha may have, against the City or any of its officer: employees. 'I Certificates of insurance evidencing the coverage require the clauses set forth above shall be filed with the City F to the effective date of this agreement. I I I I I I I b I I 1. I I I I I 12. Worker's ComDensation. Contractor shall. comply with requirements of Section 3700 of the California Labor C Contractor shall also assume the defense and indemnify and harmless the City and its officers and employees from claims, loss, damage, injury, and liability of every P nature, and description brought by any person employed or by Contractor to perform any work under this Cont regardless of responsibility for negligence. certification of the policies mentioned in Paragraphs 1C 11 or proof of worker's compensation self-insurance pric the start of any work pursuant to this Contract. 14. Claims and Lawsuits. Contractor shall comply with Government Tort 'Claims Act (California Government Code Sec 900 et seq.) prior to filing any lawsuit for breach of contract of any claim or cause of action for money or dam: 15. Maintenance of Records. Contractor shall maintain and 13. Proof of Insurance. Contractor shall submit to the available at no cost to the City, upon request, record accordance with Sections 1776 and 1812 of Part 7, Chaptc Article 2, of the California Labor Code. If the Contri does not maintain the records at Contractor's principal ] of business as specified above, Contractor shall so infori City by certified letter accompanying the return of Contract. Contractor shall notify the City by certified of any change of address of such records. 16. Labor Code Provisions. The provisions of Part 7, Chapte commencing with Section 1720 of the California Labor Codc incorporated herein by reference. 22 t 1 COUNTY OF San Diego ) OA this fifteenth day of February 1990, before me persong came WAYNE CZUBERNAT to me known, who, beins th& he is the the corporation which executed the foregoing instrument; that he knows the sea corporation; that the seal affixed to the said instrument is such cor t'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. ' . STATE OF California 8s : ' me duly sworn, did depose and say that he resides in Pres id ent San Diego, CA of the ABC Construction Co,, KENNETH CZUEIERNA' Notary Publtc-Cal lorn a SAN DIEGO CCUPITf ~y Comm Exp Mav 29 1 ,. . PRINCIPAL COUNTY iu 1 17. Securitv. Securities in the form of cash, cashier’s chec certified check may be substituted for any monies withhe the City to secure performance of this contract for obligation established by this contract. Any other seci that is mutually agreed to by the Contractor and the Cit be substituted for monies withheld to ensure performance 1 this Contract. 18. Provisions Required by Law Deemed Inserted. Each and 1 provision of law and clause required by law to be insert1 this Contract shall be deemed to be inserted herein included herein, and if, through mistake or otherwise, any provision is not inserted, or is not correctly inserted, upon application of either party, the Contract shall fort be physically amended to make such insertion or correcti 19. Additional Provisions. Any additional provisions of 1 I B I 1 I 1 C I 1 I I* I” I I 1. agreement are set forth in the Standard Specificatior reference and the Supplementary Provisions attached heret made a part hereof. ABC CONSTRUCTION COMPANY, INC. k- $,! k$l<:q 3 i, %&$$$ Contractor r //*I il. J / (NOTARIAL ACKNOWLEDGEMENT OF BY EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED.) ~ii-1~ WAYNE CZUBERNAT, President (CORPORATE SEAL) BY Title ED AS TO FORM: ? 23 P ) 1 STATE OF California COUNTY OF San Diego ss : On this fifteenth day of February 1990, before me pers came WAYNE CZUBERNAT to me known, who, bein ,me guly sworn, did depose and say that he resides in that he is the President ABC Construction Co., In the corporation which executed the foregoing instrument; that he knows the seal o the.said corporation; that,the seal affixed to the said instrument is such corpor seal; that it was so affixed by order of the Board of Directors of the said corporation, and that he signed his name to t San Diego, CA of the -- .. I CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKER'S COMPENSATION RESPONSIBILITY "1 am aware of the provisions of Section 3700 of the Labor Code F requires every employer to be insured against liability for worE compensation or to undertake self-insurance in accordance with provisions of that code, and I will comply with such provisions bc commencing the performance of the work of this Contract.11 ABC CONSTRUCTION COMPANY, INC. b c 1 I 1 I b I I 1. 1. I I* Contractor CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF.1986 "1 am aware of the requirements of the Immigration Reform and COI Act of 1986 (8 USC Section 1101-1525) and have complied with 1 requirements, including, but not limited to, verifying the eligib. for employment of all agents, employees, subcontractors, consultants that are included in this Contract." T ABC CONSTRUCTION COMPANY, INC. Contractor CONTRACTOR1.S CERTIFICATION OF COMPLIANCE OF AFFIRMATIVE ACTION PROGRAM I hereby certify that ABC CONSTRUCTION COMPANY, INC. (Legal Name of Contractor) in preforming under the Purchase Order awarded by the Cit Carlsbad, will comply with the County of San Diego Affirmative A( Program adopted by the Board of Supervisors, including all cu amendments. February 15, 1990 tdyd &&..kt Date SignaCure y WAYNE CZUBERNAT, President M: Title (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) I (CORPORATE SEAL) t 24 1 -- OPTIONAL ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the ( of Carlsbad whose address is 1200 Elm Avenue, Carlsbad, Califor1 92008, hereinafter called IrCityll and whose address cal whose address is - hereinafter called I1Esc 1 I I I I I b I I I 1 8 I 8 I hereinafter "Contractor1I and I Agent. st For the consideration hereinafter set forth, the Owner, Contra( and Escrow Agent agree as follows: -1 . Pursuant to Section 22200 of the Public Contract Code the St of California, Contractor has the option to deposit securit with Escrow Agent as a substitute for retention earn: required to be withheld by City pursuant to the Construct Contract entered into between the City and Contractor fo dated (hereinafter referred to as t1Contract81). A copy of said contract is attached as Exh: "A". When Contractor deposits the securities as a substil for Contract earnings, the Escrow Agent shall notify the ( within ten (10) days of the deposit. The market value of securities at the time of the substitution shall be at 1~ equal to the cash amount then required to be withheld retention under the terms of the Contract.between the City Contractor. Securities shall be held in the name of Contractor as the beneficial owner. disbursements, Escrow Agent shall verify that the prei cumulative market value of all securities substituted is least equal to the cash amount of all cumulative reten. under the terms of the Contract. 2. The City shall make progress payments to the Contractor in the amount of and shall designate Prior to such funds which otherwise would be withheld from pro91 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 is termina' P 29 I 4. Contractor shall be responsible for paying all fees for expenses incurred by Escrow Agent in administering the esc account. These expenses any payment terms shall be determi 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 and sh be subject to withdrawal by Contractor at any time and f time to time without notice to the City. Contractor shall have the right to withdraw all or any part the principal in the Escrow Account only by written notice Escrow Agent accompanied by written authorization from City the Escrow Agent that City consents to the withdrawal of amount sought to be withdrawn by Contractor. The City shall have a right to draw upon the securities in event of default by the Contractor. Upon seven (7) C written notice to the Escrow Agent from the City of the defa of the Contractor, the Escrow Agent shall immediately conv the securities to cash and shall distribute the case 1 I I I 1 4 b I 1 I I 1 I I I 6. .. 7. I instructed by the City. 8. Upon receipt of written notification from the City certify that the Contractor has complied with all requirements procedures applicable to the Contract, Escrow Agent sh release to Contractor all securities and interest on depo less escrow fees and charges of the Escrow Account. The esc shall be closed immediately upon disbursement of all monies securities on deposit and payments of fees and charges. Escrow Agent shall rely on the written notifications from City and the Contractpr pursuant to Sections 4 to 6, inclusi of this agreement and the City and Contractor shall hold Esc Agent harmless from Escrow Agent's release and disbursement the securities and interest as set forth above. 9. 30 P 1 10. The names of the persons who are authorized to give wri notices or to receive written notice on behalf of the City on behalf of Contractor in connection with the foregoing, exemplars of their respective signatures are as follows: For City: Title Name Signature Address 1 I II I I I 1 I, I I I I I I For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City Contractor shall deliver to the Escrow Agent a fully exec counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by t proper officers on the date first set forth above. I For City: Title Name Signature Address For Contractor: Title 1 Name Signature Address 31 t 1 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 full all compensation of whatever nature due the Contractor for all 1 and materials furnished and for all work performed on the ab referenced project for the period specified above with the excep of contract retention amounts and disputed claims specifically s below. .. RETENTION AMOUNT FOR THIS PERIOD: $ I I 1 I I 1 b I I I I DISPUTED CLAIMS DESCRIPTION OF CLAIM AMOUNT CLAIMED The Contractor further expressly waives and released any claim Contractor may have, of whatever type or nature, for the pe specified which is not shown as a retention amount of a disputed c on this form. This release and waiver has been made voluntaril Contractor without any fraud,. duress or undue influence by any pe or entity. Contractor further certifies, warrants, and represents that all k for labor, materials, and work due Subcontractors for the speci period have been paid in full and that the parties signing belo behalf of Contractor have expressed authority to execute this rele DATED: I PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, I Corporation, etc.) 1 BY BY I I 32 t 1 1 I I I I I b I B I I I 1 I I SECTION B SUPPLEMENTARY PROVISIONS TO THE SSPWC PART 1 - GENERAL PROVISIONS I t 1 SECTION B SUPPLEMENTARY PROVISIONS TO THE SSPWC PART 1 GENERAL PROVISIONS SECTION B SHALL CONFORM TO PART 1 OF THE STANDARD SPECIFICATIONS PUBLIC WORKS CONSTRUCTION EXCEPT FOR THE FOLLOWING CHANGES AND ADDITIONS: 1 SECTION 1: TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS I I II I I I b I i I I 1 I I 1 1-1 TERMS, add: A. Reference to Drawings: Where words I1shown, It "indicated, I1 "detailed, ?I "noted, It "schedule or words of similar import are used, it shall be understood t reference is made to the plans accompanying these provisions, unl stated otherwise. B. Directions: Where words "directed, It "designated, It ltselected, VI or words of simi import are used, it shall be understood that the directi designation or selection of the Engineer is intended, unless sta otherwise. The word llrequiredll and words of similar import shall understood to mean "as required to properly complete the work required and as approved by the City .Engineer," unless sta otherwise. C. Equals and Approvals: Where the words "equal, (I VI approved equal, It "equivalent, VI and c words of similar import are used, it shall be understood such wc are followed by the expression "in the opinion of the Engine€ unless otherwise stated. Where the words "approved, !I "approve "acceptance," or words of similar import are used, it shall understood that the approval, acceptance, or similar import of Engineer is intended. D. Perform and Provide: The word I1performv1 shall be understood to mean that the Contract at her/his expense, shall perform all operations, labor, tools equipment, and further, including the furnishing and installing materials that are indicated, specified or required to mean that Contractor, at her/his expense, shall furnish and install the wc complete in place and ready to use, including furnishing of neces: labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS, modify: Agency - the City of Carlsbad, California Engineer - the Project Manager for the City of Carlsbad or his approved representative. 33 t I 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The work shall be performed in accordance to the following docum€ 1. Standard Specifications for Public Works Construction, 2. Standard Design Criteria For the Design of Public P Improvements in the City of Carlsbad approved 6/19/87. 3. Standard Special Provisions For Use in Conjunction With AGC/APWA Standard Specifications for Public Works Construct as shown in the City of Carlsbad's Standard Design Criteriz 4. San Diego Area Regional Standard Drawings with ModificatioI listed in the City of Carlsbad's Standard Design Cril approved 6/19/87. City of Carlsbad Supplemental Standard Drawings as shown i1 City of Carlsbad's Standard Design Criteria approved 6/19/1 6. California Department of Transportation Standard Plans Specifications, Section 86, Signals Lighting and Elec Systems, 1988 Edition. Standard Plans and Specifications for Construction of Water I for Costa Real Municipal Water District dated January, : Edition. I I I I I I 1 I I I 1 1 1 II 5. 7. I adopted by Resolution 539. 8. Construction plans consisting of 12 sheets designated as Ci. Carlsbad Drawing No. 291-3. State of California Department of Transportation Traffic Mal 9. I 10. These project specifications supplied herein. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the prc manufacturer's direction, the Contractor shall obtain and distr the necessary copies of such instruction, including two (2) copi the City. When approved by the Engineer, each copy of the Drawings wil stamped approved, signed, and dated by the Engineer. t. 34 Upon the Contractor's receipt of approved Shop Drawings, he s furnish to the Engineer instruction and maintenance manuals and p lists of all major equipment furnished. Data in these manuals s cover completely all items as specified and as supplied. I To Section 2-5, add: 2-5.4 Record Drawinss: The Contractor shall provide and keep up-to-date a complete "as-bu record set of transparent sepias, which shall be corrected daily show every change from the original drawings and specifications the exact llas-builtll locations, sizes and kinds of equiplr underground piping, valves, and all other work not visible at sur grade. Prints for this purpose may be obtained from the City at c This set of drawings shall be kept on the job and shall be used as a record set and shall be delivered to the Engineer upon comple of the work. I I I I I I I b I I I 8 1 1 1 TO SUBSECTION 2-6 ADD: 2-6.1 Scope : The work to be done shall consist of furnishing all labor, equir and materials, and performing all operations necessary to complett project work as shown on the project plans and as specified in specifications. 2-6.2 Existing Conditions: BIDDERS SHALL BE EXPECTED TO VISIT THE SITE PRIOR TO SUBMITTING A AND THE ACTION OF SUBMITTING SUCH BID SHALL BE ACCEPTED AI INDICATION THAT THE SITE HAS BEEN VISITED AND THAT THE BIDDER IS I OF THE EXISTING CONDITIONS AND'SITE CONSTRAINTS. THE BID 5 REFLECT THE COST FOR PERFORMING ALL THE WORK AS SHOWN ON THE PLAN: I SPECIFICATIONS. 2-6.3 General Requirements: a. The Contractor shall furnish all supervision, techr personnel, labor, material, tools, permits, services equipment needed to perform and complete the improvements c on the plans and specifications listed in Section 2-5. b. It is the Contractor's responsibility to coordinate and prc for the disconnection of all utility service lines an( investigate and verify that those utilities have been pro1 disconnected before starting work under this Contract. c. Maintenance of work area. The Contractor shall maintain prc site clear of debris and in a safe condition until work has completed and accepted by agency. t 35 I I I I I I 1 I b I I I I I I I 2-6.4 Protection of Existing Improvements: The Contractor shall save and protect from damage all public private improvements adjacent to the site, including sidewalks, CL gutters, street light circuits, and other facilties and equipn Any public or private improvement damaged by the Contractor shal removed and replaced in kind at the Contractor's expense. 2-6.5 Stamped Concrete Dates: The Contractor shall stamp his company's name and the year of into concrete curb as directed by the Inspector. 2-6.6 Rejected Work: The Agency may reject all work which is not done in accordance the Contract. All work which has been rejected shall be remedic removed and replaced by the Contractor in an acceptable manner ai compensation will be allowed for such removal, replacement remedial work. Any work done beyond the boundaries established by The Agency 01 work as hereinafter specified which is done without proper per] inspection and testing, will be considered as unauthorized worI will be rejected. Upon order of the Agency, unauthorized work 2 be remedied, removed, or replaced at the Contractor's expense. Upon failure of the Contractor to comply promptly with an order Agency may cause rejected or unauthorized work to be remec removed, or replaced, and may deduct the costs from any moneys dl to become due to the Contractor. 2-6.7 Notifications: It is the Contractor's responsibility to notify the Agency, . working days prior to start of work and obtain clearances and re for demolition permits from all private and public utility compa: The Contractor shall contact the utility companies in advance o necessary work to be performed in order to meet the project schi t I specified in Section 6-1. 2-6.8 Damage : Should any work under this section of the specification damac cause to be damaged any item or items not scheduled to be rem such shall be restored to their original condition and positic shall be replaced, all at the Contractor's expense. All repai replacements shall be performed to the satisfaction of the Agen 2-6.9 Safety Requirement: Contractor agrees that he shall assume sole and com . responsibility for job site conditions during the cours construction of this project, including safety of all person: property; that this requirement shall apply continuously and n 36 t I limited to normal working hours: and that the Contractor shall deft indemnify, and hold the Agency and Engineer harmless from any and liability, real or alleged, in connection with the performance of T on this project excepting liability arising from the sole negligc of the Agency or the Engineer. 2-6.10 Cleaning and Clean-up: The Contractor shall not permit the adjacent property, public private, to become dirty and unsightly because of work under . section of the specifications. Use water or other means to con. dust generated by work noted herein. All dirt or debris spillec any street shall be cleaned up immediately. 2-6.11 The Contractor shall provide, at his own expense, adequate drin water and toilet facilities for his workmen throughout the cours the contract work. 2-6.12 Debris Removal: Disposal of refuse generated as a result of this contract at Cit County landfills is subject to a fee. Any cost of disposing of re should be included in your bid. 2-6.13 Water for Construction: The contractor shall obtain a construction meter for water uti1 during the construction under this contract. The contractor s contact the appropriate water agency for requirements. The contra shall include the cost of water and meter rental within appropr items of the proposal. No separate payment will be made. 1 I i I I I I b I I I I I I 1 Drinking Water and Toilet Facilities: TO SUBSECTION 2-7, ADD: 2-7.1 Examination of Subsurface Conditions: The City has made no investigation of the subsurface condition areas where'work is to be performed. The Contractor may do his exploration as to subsurface or latent physical conditions at the of the work and the bid should reflect the cost to perform the jo shown on the plans. 2-9 SURVEYING I 2-9.3 Survey Services, delete and substitute: Contractor shall employ a licensed land surveyor or registered c engineer to perform necessary surveying for this proj Requirements of the Contractor pertaining to this item are set f in Section 2-9.5 of the SSPWC. Contractor shall include cos' surveying service within appropriate items of proposal. No sepa payment will be made. t 37 I Survey stakes shall be set and stationed by the contractor's sum( for curbs at 25' intervals, curb returns at BCR, 1/4, 1/2, 3/4, ECR, driveways, pedestrian ramps, headers, sewer, storm drain structures, street lights, street trees, walls, and grade stake: required to satisfy, cut, or fill to finished grade or flowline. Contractor shall provide Inspector with two (2) copies of survey sheets prior to commencing construction of surveyed items. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP i I I I I I I b I I I I 1 i I I 4-1.3 Inspection Requirements 4-1.3.1 General, add: All work shall be under the observation of the Engineer or appointed representative. The Engineer shall have free access to or all parts of work at any time. Contractor shall furbish Engi with such information as may be necessary to keep her/him f informed regarding progress and manner of work and character materials. Inspection of work shall not relieve Contractor from obligation to fulfill this Contract. 4-1.4 Test of Materials, Modify: Except as specified in these Special Provisions, the Agency will the cost of testing materials and/or workmanship where the result such tests meet or exceed the requirements indicated in the Stan Specifications and the Special Provisions. The cost of all o tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each o materials shall be approved by him before the delivery is star All materials proposed for use may be inspected or tested at any during their preparation and use. If, after trial, it is found sources of supply which have been approved do not furnish a uni product, or if the product from any source proves unacceptable at time, the Contractor shall furnish approved material from o approved sources. After improper storage, handling or any o reason shall be rej ected. All backfill and subgrade shall be compacted in accordance with notes on the plans and the SSPWC. Compaction tests may be made by City and all costs for tests that meet or exceed the requirement the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed neces by the Engineer. The costs of any retests made necessarj noncompliance with the specifications shall be borne by Contractor. t 38 I ADD TO SUBSECTION 4-1: 4-1.9 Nonconforming Work, add: The contractor shall remove and replace any work not conformin the plans or specifications upon written order by the Engineer. cost caused by reason of this nonconforming work shall be borne bj Contractor. I SECTION 5 - UTILITIES I I I H I b I I I I I E I I I 5-7 General, add : Utilities, for the purpose of these Specifications, shall considered as including, but not limited to, pipe line, condt transmission lines, and appurtenances of "Public Utilities" defined in the Public Utilities Act of the State of California individually solely for their own use or for use of their tenants storm drains, sanitary sewer, and street lighting. The Cit Carlsbad and affected utility companies have, by a search of E records, endeavored to locate and indicate on the Plans all utilj which exist within the limits of the Work. However, the accurac completeness of the utilities indicated on the Plans is guaranteed. Service connections to adjacent property may or maj be shown on the Plans. It shall be the responsibility of Contractor to determine the exact location and elevation of utilities and their service connections. The Contractor shall his/her own investigation as to the location, type, kind of mate] age, and condition of existing utilities and their appurtenance5 service connections which may be affected by the Contract Work, in addition he/she shall notify the City as to any uti: appurtenances, and service connections located which have incorrectly shown on or omitted from the Plans. The Contractor shall notify the owners of all utilities at lea: hours in advance of excavating around any of the structures. AI completion of the Contract Work, the Contractor shall leave utilities and appurtenances in a condition satisfactory to the 01 and the City.' In the event of damage to any utility, the Contr; shall notify the owner of the utility immediately. It is responsibility of the Contractor to compensate for utility damac The temporary or permanent relocation or alteration of utili1 including service connection, desired by the Contractor for hi: own convenience shall be the Contractor's own responsibility, he/she shall make all arrangements regarding such work at no co: the City. If delays occur due to utilities relocations which not shown on the Plans, it will be solely the City's option to e: the completion date. In order to minimize delays to the Contractor caused by the fa of other parties to relocate utilities which interfere with construction, the Contractor, upon request to the City, ma permitted to temporarily omit the portion of work affected b] utility. The portion thus omitted shall be constructed by the 39 t I Contractor immediately following the relocation of the uti1 involved unless otherwise directed by the City. All costs involved in locating, protecting, and supporting of utility lines shall be included in the Price Bid for various items Work and no additional payment will be made. All fees, work orders and charges associated with work and inspect to be done by the utility companies will be paid by the City Carlsbad. The Contractor is advised that all necessary coordination required the serving utility shall be included within the appropriate items bid and no additional compensation will be allowed, therefore. 1 I I 1 1 I E b 1 E I I II I SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK, Modify: 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 construction sched without the prior written approval of the Engineer. Any progr payments made after the scheduled completion date shall not constit a waiver of this paragraph or any damages. Coordination with the respective utility company for removal, construction, or relocation of conflicting utilities shall be done the Contractor prior to commencement of work. Contractor will not allowed extensions on the project schedule due to delays caused his/her lack of coordination with utility companies. It is the responsibility of the contractor to know the time requi for various manufacturers to deliver their respective products materials. The contractor shall order products and materi sufficiently ahead of time so that they will be on site by scheduled installation date. The contractor will not be all0 extensions on the project schedule due to delays caused by his/ failure to order products or materials in a timely manner. E 6-7 TIME OF COMPLETION The Contractor shall begin work within 14 calendar days af receipt of the IINotice to Proceed" and shall diligently prosecute work to completion within 75 consecutive days after the date of ' Notice to Proceed. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hc of 7:OO a.m. and sunset, from Monday through Friday. It is responsibility of the contractor to make the necessary arrangeme with suppliers to provide materials after 5:OO p.m. to compl his/her work. 40 1' I I 1 i i 1 I 1c b E 1 1 I I 1 The contractor shall obtain the approval of the Engineer if ht 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 mu: obtained at least 48 hours prior to such work. The Contractor : 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 filing "Notice of Completion11 and any faulty work or materials disco. during the guarantee period shall be repaired or replaced bl Contractor, at his expense. t 6-9 LIQUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be ass the sum of $ 250 per day from the next progress payment for calendar day beyond the completion date as liquidated damages fo delay. Any progress payments made after the specified completion shall not constitute a waiver of this paragraph or of any dam For purposes of this section, completion is %ubstantial comple and is defined as safe opening of the project to public us€ completion of the landscape planting and irrigation system. landscape establishment and maintenance periods of section 308- not a part of project completion for the purpose of this sectio 6-10 CONSTRUCTION SEQUENCING, add: Notice to Proceed will be issued after award of construction b City Council a'nd after Contractor bonds have been received verified. Notice to Proceed is anticipated to occur after Octob 1989. To comply with the conditions of the State permit, the Contractor complete the visitation area grading and storm drain trenchin1 backfill shown on Sheet 5 of the plans by October 31, 1989. Contractor will have at least fourteen (14) calendar days afte Notice to Proceed to complete this work. The City may terminate the Contractor for default if the above gr and trenching is not completed within the required time. a t 41 I; I II R i 1 t 1c d b E I 1 B I I 8 1 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-3 LIABILITY INSURANCE and 7-4 WORKERS' COMPENSATION, Modify: SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the cont insurance against claims for injuries to persons or damages property which may arise from or in connection with the perform of the work hereunder by the Contractor, his agents, representati employees, or subcontractors. If the insurance is on a "claims m basis, coverage shall be maintained for a period of three years the date of completion of the work. The cost of such insurance s be included in Contractor's bid. The insurance company or compa shall meet the requirements of City Council Resolution No. 8108. A. Minimum ScoDe of Insurance t Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1 covering Comprehensive General Liability; and Insur Services Office form number GL 0404 covering Broad Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1 covering Automobile Liability, Code 1 "any auto"; and 3. Worker's Compensation as required by the Labor Code of State of California and Employer's Liability Insurance B. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combined si limit per occurrence for bodily injury and property dan If the policy has an aggregate limit, a separate aggrc in the amounts specified shall be established for the 1 for which the City or its agents, officers or employee: additional insured. 2. Automobile Liability: $1,000,000 combined single limi. accident for bodily injury and property damage. 3. Worker's Compensation and Employer's Liability: Worl compensation limits as required by the Labor Code of State of California and Employer's Liability limit $1,000,000 per accident. C. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declarc and approved by the City. At the option of the City, eitht t 42 I the insurer shall reduce or eliminate such deductibles or s insured retentions as respects the City, its officials employees: or the Contractor shall procure a bond guarante payment of losses and related investigation, claim administra and defense expenses. D. Other Insurance Provisions 1 The policies are to contain, or be endorsed to contain, following provisions: 1. General Liability and Automobile Liability Coverages: 1 II 1 I J b I I I I 2 6 a. The City, its officials, employees and volunteers to be covered as insured as respects: liabi arising out of activities performed by or on behal the Contractor: products and complete operations of Contractor: premises owned, leased, hired or borr by the Contractor. The coverage shall contaii special limitations on the scope of protection affo to the City, its officials, employees or voluntee b. The Contractor's insurance coverage shall be pri insurance as respects the City, its offici employees and volunteers. Any insurance or s insurance maintained by the City, its offici employees or volunteers shall be in excess Contractor's insurance and shall not contribute it. I c. Any failure to comply with reporting provisions of policies shall not affect coverage provided to city, its officials, employees or volunteers. d. Coverage shall state that Contractor's insurance s apply separately to each insured against whom clai made or suit is brought, except with respect to limits of the insurer's liability. k 2. Worker's Compensation and Employer's Liability Coveraq The insurer shall agree to waive all rights of subroga against the City, its officials, employees and volunt for losses arising from work performed by Contractor for 1 City. 3. All Coverages Each insurance policy required by this clause shal. endorsed to state that coverage shall not be suspen voided, cancelled, reduced in coverage or in limits ex after thirty (30) days' prior written notice by certi mail, return receipt requested, has been given to the C 43 t I E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:XI unless otherwise authorized by City Council Resolution No. 8108. F. Verification of Coverase I Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms provided by the City and are to be received and approved by the City before work commences. 1 1 s t 4 I I) # 1 1. i 1 I 1 i G. Subcontractors Contractor shall include all subcontractors as insured undei policies or shall furnish separate certificates and endorser for each subcontractor. All coverages for subcontractors E be subject to all of the requirements 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 permits necez to perform work for this contract. Add the following: Contractor shall not begin work until all permits incidental tc 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 and ( non-working days at the City's request. Add the following to Section 7-8: 7-8.8 Noise Contrpl All internal combustion engines used in the construction shal equipped with mufflers in good repair when in use on the project special attention to City Noise Control Ordinance No. 3109, Car Municipal Code, Chapter 8.48. JT 44 1 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 TRAFFIC AND ACCESS, add: Contractor shall work within project's limits as noted on the draw and shall, other than trucks or equipment leaving or entering site, do nothing to interfere with traffic flow on adjacent stre The contractor shall provide flagmen as may be necessary to facili trucks or other equipment leaving or entering the site. Barrica and traffic interruption is subject to approval by the Agency. contractor shall provide barriers, guards, lights, signs flagpersons, as required, advising the public of detours construction hazards. The Contractor shall maintain, whether shown on the plan or not, existing traffic control signs or signals in their proper locatic temporary mounting supports until permanent signs or signals restored. All barricades used at night shall be equipped with properly opera flashing lights. In non-emergency situations, the Contractor shall backfill tren and restore roadway for safe night traffic usage. No open tren shall be allowed overnight unless prior approval is received fron Engineer. Steel plating or portable concrete barrier (K-Rail) may be requ when trenching cannot be secured overnight by backfilling. 11 trench" signs shall be placed adjacent to any moving traffic lan 100 feet intervals when excavation is in progress. The name of the Agency who owns the traffic control safety dev shall be clearly noted on each device. If parking must be restricted during construction, the Contra shall post tow-away/no parking signs twenty-four (24) hours in ad\ after receiving approval from the Engineer. The sign shall cor days/hours information and be posted so as to be reasonably see the public. The Contractor shall keep the streets in an adjacent to construction area clean at all times. Streets must be swept be washing. The Contractor shall assume sole and complete responsibility fox job site conditions during the course of the construction of project including safety of all persons and property. requirement shall apply continually and not be limited to nc working hours, and that the contractor shall defend, indemnify, hold the owner and the Engineer harmless from any and all liabil real or alleged, in connection with the performance of work on project, except for liability arising from sole negligence of owner or Engineer. I I 1 SI j/ .1 -I b 1 I 1 8 I 1 ti T 45 f B 1 1 I a i b I 8 1 .I I 1 I I All costs for maintaining traffic shall be included in the bid, no other payment will be made. The lump sum price shall include f compensation for furnishing all labor, materials, tools, and equipn and for doing all work required for traffic control. These cc include all costs for traffic control devices which may be requi by the City, setting up of detours, public convenience, and handling of existing traffic control signals. The Contractor shall provide for a safe four (4) foot wide pedestr walkway along street frontages. The Contractor shall also be responsible for compliance F additional public safety requirements which may arise dux construction. 7-10.2 STORAGE OF EQUIPMENT AND MATERIALS IN PUBLIC STREET, add: Contractor may use the Visitation Area for staging or storage. 7-10.4.4 Safety and Protection of Workers and Public, add: The Contractor shall take all necessary precautions for the safet: employees on the work and shall comply with all applicable provisi of Federal, State and Municipal safety laws and building codes prevent accidents or injury to persons on, about, or adjacent to premises where the work is being performed. He/she shall erect properly maintain at all time, as required by the conditions progress of the work, all necessary safeguards for the protectior workers and public, and shall use danger signs warning against hazi created by such features of construction as protruding nails, hoi. well holes, and falling materials. 7-13 LAWS TO BE OBSERVED ? i a Add the following: Municipal ordinances which affect this work include Chapter 11 Excavation and Grading. If this notice specifies locations or possible materials, suck borrow pits or gravel beds, for use in the proposed construci project which would be subject to Section 1601 or Section 1603 of Fish and Game Code, such conditions or modifications establi: pursuant to Section. 1601 of the Fish and Game Code shall be( conditions of the contract. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT f 46 E 8 I 1 I .I I- 1) 4 a ! a I 1 I I 9-3.1 GENERAL, add: Bulk materials delivered to the site shall be accompanied by a w master's certificate listing the weight or volume, and the mix de or SSPWC identification. Bulk material used on the job wit correct weight/volume and material identification certificates not be paid by the City. Payment for installation of underground facilities shall be inclu of trenching, backfilling, and pavement restoration. 9-3.2 PARTIAL AND FINAL PAYMENT, delete: Delete the second sentence of the third paragraph having to do reductions in amount of retention. 9-3.5 TRAFFIC CONTROL: Payment for performing all work necessary to provide traffic con and pedestrian access and safety measures shall be included in lump sum price bid for traffic control. ? - 9 47 r r I 1 1 Y 4 1 c l T 8 4 I I IC T t 1c SECTION C SUPPLEMENTARY PROVISIONS TO THE SSPWC PART 2 - CONSTRUCTION MATERIALS t E SECTION C SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS SSPWC shall constitute Section C except as modified below: t SECTION 200 - ROCK MATERIALS 1 E 4 1. b 1 I S I 1 ' 200-2 UNTREATED BASE MATERIAL Aggregate base shall be crushed aggregate base (Section 200-2. crushed slag base (Section 200-2.3), or crushed miscellaneous b (Section 200-2.4) . SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 1 Concrete for median llBomanite" paving shall be 520-C-2500. Concrete for concrete header shall be 520-C-2500. All other concrete shall be class 564-C-3000, 4" slump, 6-sack mi Modify Section 201-1.2.1, Portland Cement, as follows: First paragraph, first sentence amend to read: "All cement to be u or furnished shall be low alkali and shall be either Type I or T I1 Portland Cement conforming to ASTM C 150, or Type IP (MS) Port1 Pozzolan Cement conforming to ASTM C 595, unless otherwise specifie Modify Section 201-1.2.3, Water, as follows: Second paragraph replace '11,000 ppm (mg/L) of sulfates1' with Ill, (mg/L) ppm of sulfates.11 Third paragraph replace "800 ppm (mg/L) of sulfates" with Ill, (mg/L) ppm of sulfates.I1 (b) Air-entrainins Admixtures Last paragraph amend to read: "A tolerance of plus or minus 1- percent is allowed. The air content of freshly mixed concrete w 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: I ' t 48 T I I I I I I b I Ifi I I I I Add after listing of information for weighmaster's certific "Transit mixed concrete may be certified by mix design num provided a copy of the mix proportions are kept on file at the p location for a period of 4 years after the use of the mix." 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS, add Subsection: 201-3.4.1 PENETRATING SEALER Apply a colorless, non-yellowing penetrating sealer such as Syna P-103 Penetrating Sealer, or equal, to all exposed concrete surfa Contractor shall submit proposed product specifications to Engineer for approval prior to construction. f 1 SECTION 203 - BITUMINOUS MATERIALS 203-6 and 400-4 ASPHALT CONCRETE Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type C3-AR 4000. Modify Section 203-6.6.1, Batch Plant Method, as follows: Third paragraph, delete "and from the Engineer's field laborator Last paragraph, add after D 2172: '!method A or B." Modify Section 203-6.8, Miscellaneous Requirements, as follows: Add the following: IIOpen graded asphalt concrete stored in exces 2 hours, and any other asphalt concrete stored in excess of 18 hc shall not be used in the work." Modify Section 400-4.1, General, as follows: Second paragraph, amend to read: llUnless otherwise specified, AR- paving grade asphalt shall be used for Type I11 asphaltic concr and AR-8000 paving grade asphalt shall be used for asphalt conc 8 SI dikes. !I Modify Section 400-4.2.4, Fine Aggregate, as follows: Add: "The total amount of material passing the No. 200 sieve c be determined by washing the material through the sieve with WE No less than 1/2 of the material passing the No. 200 sieve by wa: 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 exceed fii percent (15%) loss by weight." Modify Section 400-4.3, Combined Aggregates, as follows: First paragraph, add: "ASTM D2419 Test Method may be alternatec Test Method No. Calif. 217." 1 49 t 1" (25mm) 3/4" (19mm) 1/2" (13mm) 3/8" (lOmm) No. 4 No. 8 No. 30 No. 200 1 I 1 Asphalt % 100 100 100 100 87-100 90-100 90-100 95-100 75-95 80-90 85-100 85-95 50-80 60-75 60-84 65-80 30-60 40-55 40-60 45-60 22-44 27-40 24-50 30-45 8-26 12-22 11-29 15-25 1-8 3-6 1-9 3-7 4.6-6.0 4.6-6.0 I Tests will be performed on the material retained on the No. 8 s from each bind and will not be a combined or averaged result. test specimen will be prepared by hand shaking for 30 second single loading of the entire sample on a 12-inch diameter, No. 4 s nested on top of a 12-inch diameter, No. 8 sieve. Where a coarse aggregate bind contains material which will pass maximum size specified and be retained on a 3/8 inch sieve, the specimen weight and volume of wash water specified for one inch % 4 aggregate size will be used. Samples will be obtained from the weight box area durinc immediately after discharge from each bin of the batching plan immediately prior to mixing with asphalt in the case of contir 1 t I a I I b 204-1 LUMBER AND PLYWOOD @ 1 I I 1 I 1 1 1 mixers. The Cleanness Value of the test sample from each of the bins wil separately computed and reported. Modify Section 400-4.4, Storing, Drying and Screening Aggregates follows: After fifth paragraph, add: "When the Contractor adds suppleme fine aggregate, each such supplemental fine aggregate used shal stored separately and kept thoroughly dry. SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES Wood header for bituminous pavement or D.G. surfaces shall construction grade Redwood, or treated construction grade Douglas SECTION 209 - ELECTRICAL COMPONENTS 209-2.5 LIGHT POLE AND LUMINARE The Parking Lot Lighting shall be a complete assembly and equal tc specified product manufactured by Kim Lighting, 16555 East Submit manufacturer's product specifications for approval. 209-2.5.1 FIXTURE SPECIFICATIONS 1. Metal structural units to be heavy duty cast aluminum. 2. All exterior fasteners are stainless steel or solid brass. 3. Avenue, P.O. Box 1275, Industry, CA 91749-1275, (818) 968-5 Fixture to be Kim EKG Series 200 Watt High Pressure Sodium I mounted at 25 feet above grade. Black baked enamel over 2 Polish aluminum fixture. Lexan Shield for vandals. Mod lA/EKG501/20OHPS277/BL-E/LS/A-25. 4. Fixture to be activated by photocells. 51 t B 209-2.5.2 Pole Specification 1. Non-tapered square alumhum pole with black baked enamel fin Model #PSA-25B/BL-E. SECTION 210 - PAINT AND PROTECTIVE COATINGS 210-1 PAINT 3 s s I 8 1 I b I I I I 1 1 I 1 Paint for parking stall striping shall be white. Paint handicapped stall symbol arid curb shall be blue in color. painting shall conform to CALTILANS standards and specifications. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.1 TOPSOIL Topsoil shall be Class llA1l (imported). 212-1.1.1 GENERAL, add: 'Agricultural grade gypsum shall be a (CAS04. H2 0) calcium sul product - 94.3% 90% shall pass a 50 mesh screen. Chemical reac will remove sodium attached to soil particles. Gypsum also loc heavy clay soils through electrochemical action. Control of during application is manadatory. (Shall be similar or equal to: U.S. Gypsum, Dolmar, or Bandini) Iron sulfate - iron shall be expressed as metallic - derived sulfate - deep green (FES04 - H20). 98.3% retained on a 10 mesh screen. (Shall be similar or equal to: Wilson & Geo. Meyer, Wil-Gro Bandini). 212-1.2.3 COMMERCIAL FERTILIZER, add: Pre-plant fertilizer shall be granular commercial fertilizer 1-1 or approved equal. Post-plant fertilizer shall be 14-7-3 or approved equal with CA, ZN, and MN and with the majority of nitrogen in non-ammoniac fol prevent acidification of soil. Planting tablets shall be compressed fertilizer tablets (20-10-5: 21 gram sizes. 212-1.2.4 ORGANIC SOIL AMENDMENT, add: Organic soil amendment shall be derived from wood with the follc properties: It shall be a wood residual product derived from the of pine, white fir/and red fir, cedar shavings or redwood shavi 52 A minimum analysis of 20.09 t I Amendment upon analysis shall contain at least 0.5% nitrogen (on E weight basis) with an ash content not to exceed 10%. A commer grade product shall be used. Contractor shall supply City Engineer or his appointed representa with a sample of the proposed amendment accompanied by labora analytical analysis from an approved laboratory illustrating de of compliance. Contractor shall supply tests for added org materials only. The City Engineer will provide agricultural tes on amended soil in place. Soil conditioner shall conta.in a special blend of organic fract to supply several degrees of breakdown rate which lasts up to 10 1 in the soil, a portion of inorganic amendment that resists fur breakdown of pH of 5.5 to 6.5, salinity (EC8 X 103 at 25 degree of 3.0, organic matter (dry weight basis) more than 90%, non-i wetting agent and total nitrogen (organic or ammoniac) conten 0.5%. Soil conditioner shall be Wil-Gro Life, Loamex, Forest Humus, c approved equal. 1 u i 1 I I b U I 1 I f I I 8 212-1.2.6 HERBICIDES AND PESTICIDES Shall be used in their appropriate applications with strict adher to manufacturer's specifications and instructions. Post emergent herbicide for all areas shall be Roundup, Dic Montar, or approved equal. Pre-emergent herbicide for shrubs and ground cover areas (planted flats), shall be Treflan, Surflan, Eptan, or approved equal. 212-1.4 PLANTS 212-1.4.1 GENERAL, add: Contractor shall arrange to take Engineer, or appointed represent; to hand pick plant materials prior to ordering any plant materii Contractor shall notify Engineer 48 hours before each plant del: so the Engineer can inspect them. Nomenclature: The scientific and common names of plants hc specified conform to the approved names given in ('a checklist of F ornamental plants in California, Oregon, and Washington" publisht the University of California, Division of Agriculture Scic Publication 4091 (1979). (See list of plant materials on drawii Labeling: Each group of plant materials delivered on site sha: labeled clearly as to species and variety. All patented plants (Cultivars) required by the plant list sha: delivered with a proper plant patent attached. 1 f 53 I Quality and size. Plants shall be in accordance with the Calif0 State Department of Agriculture regulations for nursery inspect rules, and grading. The Engineer, or his appointed representative, is the sole judg to acceptability of each plant. Vigorous, healthy, well proporti plants are the intent of this specification. Plants which are moderately I1overgrown1l or are showing signs of decline or lac vigor are subject to rej ection. The size of the plants correspond with that normally expected for species and variet commercially available nursery stock, or as specified in the spe conditions or drawings. Plaints larger in size than specified ma used with the approval of the Engineer, but the use of larger pl will make no change in contract price. If the use of larger pl is approved, the ball of earth and spread of roots for each p shall be increased proportionately. Rejection and substitution: All plants not conforming to requirements herein specified shall be considered defective and plants, whether in place or not, shall be marked as rejected immediately removed from the site and replaced with new plants by 1 II II 1 I I b 1 1 I II 8 Contractor at his expense. Right to changes: The Engineer reserves the right to change species, variety, and/or sizes of plant material to be furnis provided that the cost of such plant changes do not exceed the of plants in the original bid, and with the provisions that Contractor shall be notified in writing, at least sixty (60) before the planting operation has commenced. 212-1.5 HEADERS, STAKES, AND TIES 212-1.5.3 TREE STAKES, add: Tree ties shall be commercially manufacturedties made from black casings, cut to a minimum ten (10) inch length and held in plac 12 gauge galvanized wire; or split plastic hose with a minimum 1~ of twenty (20) inches. Split. plastic hose ties to be equal to "Cj f Tiell by V.I.T. 212-2 IRRIGATION SYSTEM MATERIALS 212-2.1.3 PLASTIC PIPE FOR USE WITH SOLVENT WELD SOCKET OR THREADED FITTINGS Delete sentence 1 and substitute the following: Class 200 PVC shall be used for installation on the discharge sic control valves and Schedule 40 pipe shall be used for continuc pressurized pipe on the supply side of control valves. I 1 54 t I I 212-2.2.4 REMOTE CONTROL VA:LVES Delete sentence 1 and substitute the following: The valves shall be glass-filled nylon body and bonnet with accura machined valve seat surfaces, equipped with flow control adjust and capability for manual operation. MISCELLANEOUS ITEMS Provide manufacturer's product literature for all architect fixtures, including the kiosk, park benches, trash receptacles, drinking fountain. TRASH RECEPTACLES Trash receptacles shall include 30 or 32 gallon removable liners, a natural color exposed pebble finish, and a drop-in lid. Contra shall secure receptacle to a concrete base (included in the prices) by epoxy or lag bolts. An acceptable manufacturer is Dun k I I I I U b I 8 1 1 I I I I Stone, P.O. Box 666, Fontana, CA 92335, (714) 350-9000. e 55 t 1 1 8 I 1 I 1 1 1) I II u 1 I 1 I I SECTION D SUPPLEMENTARY PROVISIONS FOR CONSTRUCTION METHODS t B SECTION D SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION METHODS SSPWC SHALL CONSTITUTE SECTION D EXCEPT AS MODIFIED BELOW: 1 i I 1 8 I 1 I u I 1 1 SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING, add: Clearing and grubbing shall consist of removal of all items as s on the plans. All of the work performed for this item shall con to Section 300-1 of the Standard Specifications and all inciden required to construct this contract if not precisely noted. 300-1.3 REMOVAL AND DISPOSAL OF MATERIALS, add: Existing pavement to be removed shall be along sawcut edges. 300-8 BACKFILL AND SITE LEVELING All excavations shall be backfilled with material and to a 1 grade, satisfactory to the Engineer. The areas to be backfilled s be inspected and approved by the Engineer prior to the placemen 8 b any backfill. Any backfill material placed or compacted without compliance with requirements of these Special Provisions shall be deemed unauthorized work and shall he treated in accordance with Subsec 2-6.6 rejected work. Material to be placed as fill for excavations and depressions s be placed in horizontal, uniform layers not to exceed (12) inche thickness, before compaction; each layer is to be brought to opt moisture content and thoroughly compacted to a relative compactic not less than 90% relative compaction, in accordance with ASTM 1 Method C. Backfill shall be a well-graded previous material containing no 1 rock or other deleterious material. The source and material shal approved by the Engineer priior to its use. All backfill shall be inspected and tested by the City's consultant and approved by the Engineer. Soil consultant and t are provided by the City. The Contractor shall schedule for soil testing by providing 48 h advance notice to the Engineer prior to commencement of back 1 operations. t 56 B 1 I I I I 1 I b I I I 1 u 1 I Compaction shall be by means of tamping or sheep's foot roll multiple-wheel pneumatic-tired rollers or other types of roller equivalent, which will be able to compact the fill to the des density. Rolling shall be accomplished while the fill material is at desired moisture content. Rolling of each layer shall be contir over its entire area and sufficient trips shall be made by the rol equipment to ensure that the desired relative compaction has obtained. Payment for excavation and top soil backfill in are; landscape planting shall be paid under bid items for lands planting. If the moisture content of the fill material is below the n< amount necessary to create the necessary density, the proper ai of water shall be added. Similarly if the moisture content 01 fill material is above the needed amount necessary to create desired density, the fill material shall be aerated by bladir other satisfactory method until the moisture content of the material is satisfactory. SECTION 301 - TREATED SOILS, SUBGRADE PREPARATION, AND PLACEMEN' ? 8 MATERIALS 301-1 SUBGRADE PREPARATION 301-1.2 PREPARATION OF SUBGRADE, add: Subgrade shall be prepared according to the recommendations 01 Soils Engineer. Where no specific recommendations are made b; Soils Engineer, all of the work performed under this item 1 conform to Subsection 301-1 of the Standard Specifications. 301-1.7 PAYMENT, modify: The contract price paid for adjusting frames and covers of exi manholes, water meters, gate valves, and other utilities shal considered as included in the contract price paid for various items of work and no other compensation will be allowed therefo 302-5 ASPHALT CONCRETE PAVEMENT A prime coat is not required for this contract. A seal coi required and shall conform the Section 302-5.9 of these supplem provisions. Modify Section 302-5.1, General, as follows: Paragraph 1, replace llSection 203-6" with llSection 400-4. 11 Last paragraph, add: I1All testing of underground installatio any given point shall be coinpleted before the surfacing is plac that point. 11 Modify Section 302-5.2, Prime Coat, as follows: After "grade S~-250'~ add I1or MC 70." I 57 t I I i I 1 I I I b I I i I 1 1 I I 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: Second paragraph, Part (2), add: Vibratory rollers shall be limited to breakdown, unless othei directed by the Engineer.": After last paragraph, add:: Wnless directed by otherwise Engineer, the initial breakdown rolling shall be followed pneumatic-tired roller as described in this Section.11 To Section 302-5.8, Measurement and Payment, add: Cost of labor and materials for the seal coat shall be includc the unit price bid for asphalt concrete. Add the following Subsection: 302-5.9, Seal Coat All asphalt concrete surfaces shall be seal-coated unless othe. specified. The seal coat shall consist of a coat of asphl emulsion and a cover coat of sand. The asphaltic emulsion sha: mixing type conforming to Section 203-3 , "Emulsion Asphalt. TI shall be clean and dry. Immediately before applying asphaltic emulsion, the surface t seal-coated shall be thoroughly cleaned of all dirt and material. Asphaltic emulsicln shall not be applied when the stre overly wet or when the atmospheric temperature is below 50 del Fahrenheit. The asphaltic emulsion shall be applied by use of a power spr device that uniformly applies the emulsion to the surfacing at a of 0.1 to 0.15 gallon per square yard. The distributor spra] shall be equipped with asphaltic emulsion-type spray jets. C gutters, and other adjoining improvements shall be carefully prot from the emulsion, and any such improvements spattered or touched emulsion shall be carefully cleaned. Immediately after the application of asphaltic emulsion, a cover of sand shall be spread at the rate of 6 to 12 pounds per square After the sand has been spread,, any piles, ridges, or u distribution shall be broomed to maintain an even layer ovei surface. Five days after the seal coat has been applied, the su shall again be broomed and any excess sand shall be picked u] removed from the job. The Engineer may authorize the sand . broomed, picked up and removed from the job after 2 or more day t 58 f 1 u i I I 1 I b I U I B 1 D I 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, DRIVEWAY AND ALLEY INTERSECTIONS 303-5.3 PLACING CONCRETE, add: Steel dowels eighteen inches long and an epoxy coating conforminc CALTRANS Specifications Section 95-203 shall be used to adhere Type "B-3" median curb to the existing paving on which it is bc constructed. 303-5.8 BACKFILLING AND CLEANUP, add: No agent or method shall be used that will adversely affect pla buildings, or flatwork. Cleaning schedule, method, and proced? must be approved by the Engineer prior to start of cleaning. The following is the minimum effort that will be acceptable. 1. Spray a 1,000 SF section with a non-toxic foam degreaser ? 1 allow to sit for three to five minutes. 2. Spray subject area with steam using 600 psi steam machine. 3. Power wash area with cold water using 2,000 psi wet blas machine. 4. If necessary, spot clean (remove paint, gum, etc.) with light sandblast. Objective is to leave brick and concrete free of dirt, oil, paint, and other unsightly substances. SECTION 303-6 - STAMPED CONCRETE I Add Subsection: Decorative concrete median paving shall be constructed with a sur texture of "4-inch to 6-inclh River Rock. If ( "Bomanitel' patter] equal) and an integral coloring to match existing work in Marron R (llScofield Co. I' color or equal) . SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS 307-3 STREET LIGHTING CONSTRUCTION 307-3.4 SERVICE 307-3.4.1, add: Contact San Diego Gas and Electric regarding installation oi electrical meter at the Parking Lot Lighting Service Point. Trenc for electrical service across Marron Road, if necessary, shal included in the contractor's lighting bid, and no separate pay shall be made. 59 f I SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-2.3 WEEDING, TOPSOIL PREPARATION AND CONDITIONING, add: 308-2.3.2 GENERAL, add: Weed eradication for entire project site. After irriga installation but before planting installation, the Contractor s irrigate the entire project site three to four times over seven tc days to germinate existing weed seeds. Allow weed seeds to grow c they reach a maximum height of two to three inches. apply the post-emergent herbicide per manufacturer's specif icat I I 8 B I I b II I I I 1 I I 1 She/he shall 1 and instructions. Weed eradication for shrub areas and groundcover areas (planted flats). Three to four days after these plants have been instal the Contractor shall apply the pre-emergent herbicide manufacturer's specifications and instructions. 308-2.3.2 FERTILIZING AND CONDITIONING PROCEDURES, delete substitute: After the areas have been deep ripped, the following rates of conditioning and amendment materials shall be evenly spread ovei planting areas and shall be thoroughly scarified to an average c of six inches by rototilling a minimum of two alternating pas Amendment must be intimately blended with soil. Soil Conditioner 5 cu. yd. per 1,000 SF Iron Sulphate 20 lbs. per 1,000 SF Gypsum 250 lbs. per 1,000 SF The entire project shall then be irrigated with a deep watc schedule to leach out salts. A total of six (6) inches of water s be applied at the rate of one (1) inch per application. The s shall then be tested again by the agricultural chemist for pH salts. If soil is found to be in the appropriate range, nutritional correction may take place. If the soil is not accept to the chemist, it shall be further leached through deep irrigz until it is acceptable. Nutritional correction. After soil has been chemically correc Contractor shall amend and rototill 40 lbs. of 1-10-10 fertilize] lOOZiSF into the top38 feet of soil. The Contractor shall apply post-plant 14-7-3 fertilizer at the of 20 lbs. per 1,000 SF, 60 days after planting and every 60 through the end of the maint.enance period. "/ f-L-- c.. >,r 2_ 1 /, (,^ .or.: t 60 I 308-4 PLANTING 308-4.1 GENERAL8 add: Actual planting shall be performed during those periods when wea and soil conditions are suitable and in accordance with ioc accepted horticultural practice and after the irrigation syste complete, as approved by the Engineer. No planting shall be dor any area until it has been satisfactorily prepared in accordance these specifications. Soil moisture level prior to planting shal no less than 75% of field capacity. The determination of adec soil moisture for planting shall be the sole judgment of the Engi and his decision shall be final. The Contractor shall obtain appr of planting pits before planting operations shall begin. moisture level is found to be insufficient for planting, all plar pits shall be filled with water and allowed to drain before star planting operations. No more plants shall be distributed in planting area on any day than can be planted and watered on that All plants shall be planted and watered as herein speci immediately after removal of the containers. Containers shall nc cut prior to pit preparation and the plants shall be plz immediately thereafter. 308-4.2 PROTECTION AND STORAGE8 add: The Contractor's on-site plant storage area shall be approved bq Engineer prior to the delivery of any plant materials. Any 1 determined by the Engineer to be wilted, broken, or otherwise dan shall be rejected at any time during the project whether in the gr or not. Plants that are handled by their trunk or stem wil rejected. All rejected plants shall be removed from the immediately. 308-4.5 TREE AND SHRUB PLANTING, add: Planting backfill shall be a thoroughly blended mixture of exi: site soil and soil amendments at the following mixture: I I I I I I U. b i I I I 1 1 1 I If the Soil Conditioner 1/4 CY Iron Sulphate 1 lb./per CY of mix Gypsum 10 lbs./per CY of mix Planting Tablets As noted Site Soil 3/4 CY Fertilizer planting tablets (21 gram size) shall be placed with plant at the following rates: One (1) Tablet Per 1 Gallon Container Two (2) Tablets Per 5 Gallon Container One (1) Tablet Per Each Two (2) Inches of Box Size Container t 61 m All plants which settle deeper than specified shall be raised correct level or repiaced as directed by the Engineer. Pruning shall be done only with the approval of, and in the presei of, the Engineer. 308-4.6 PLANT STAKING AND GUYING, add: All boxed trees shall be staked to the satisfaction of the Engine Refer to Section 212-1.5.3 for approved staking materials and guy materials. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT, add: For all areas the maintenance period shall be 60 days, but may extended by the Engineer if the required maintenance work is neglec by the Contractor or if there is remedial landscape work remainin The Contractor shall provide complete landscape maintenance of planting areas. The work shall include, but not be limited watering, litter control, weed control, stake repair, cultivati repair of irrigation systems, and control of diseases and pests. All planted areas shall be treated with an approved granular p emergent herbicide according to manufacturer's specifications at beginning of the maintenance period; and if the product specifi additional scheduled treatments on a regular schedule, as requi through the maintenance period. At the direction of the Engineer, the Contractor shall control wee disease, and pest infestations in the planting areas. The Engin shall approve all methods and materials for such control. U approval, the Contractor shall implement the control measu exercising extreme caution in using pesticides and taking all st to ensure the safety of the public. Only licensed personnel will permitted to perform toxic spraying work. The 60 day maintenance period shall begin the day after all punch 1 items have been completed and the Engineer certifies final accepta of the projects. All plant material shall have been planted established for a minimum of thirty (30) days prior to the start the 60 day maintenance period. No separate payment will be made landscaping care and remedial work during construction and/or thirty (30) day establishment period. During the establishment period, the Contractor shall furr sufficient men and equipment on a daily or weekly basis to perform work required by this section. Any day when the Contractor fails adequately carry out specified maintenance work, as determj necessary by the Engineer, the day will not be credited as one of plant establishment days. All planting areas which are damaged construction shall be repaired by the contractor within thirty 1 days following completion of construction in such areas, unl otherwise approved. Repair shall consist of bringing the damaged i I I 1 II I I b 1 I I 1 I I i I I 62 t I back to final grade: Replanting the area with the same vegetatic originally specified, and maintaining the area to achieve accept plant establishment. 308-7 GUARANTEE, add: 24-inch box trees installed under the contract shall be guarantet live and grow for one (1) year from the day of final acceptanc contract work. All other plant material, including ground covers, shall be guarar to live and grow for a period of sixty (60) days from the day of 1 acceptance of the contract work. Any material found to be dead, missing, or in poor condition dl the maintenance period shall be replaced immediately. The Eng: shall be the sole judge as to the condition of the material. Matt found to be dead or in poor condition within the gurantee period : be replaced by the Contractor at his expense within fifteen (15) ( Replacements shall be made to the same specifications required fo original plantings. Contractor shall call for a final inspection two (2) weeks beforc end of the 60 day maintenance period. Failure to pass inspection result in an extension of the maintenance period for such peric the Engineer deems necessary. SECT-ION 310 - PAINTING 310-5.6 PAINTING TRAFFIC STRIPES, PAVEMENT MARKINGS, AND 1 1 I I I I b I I 111 I I ! I i MARKINGS, add: Contractor shall paint all parking stall striping, pavement mal and curb markings as indicated on the plans in accordance CALTRANS standards and specifications. Modify Section 310-56.6.10, painting traffic striping, pavt markings, and curb markings, as follows: Payment for all pavement and curb markings shall. be a lump SI proposed in the bid documents. SECTION 312 - MISCELLANEOUS 312-1 CATCH BASIN/GREASE TRAP Catch basin shall be constructed per San Diego Area Regional Stai Drawing D-2 (Curb Inlet - Type B) as shown on the plans. A McK I'Type CBT-VP Vapor Proofn1 trap shall be mounted on the inside of ( basin per manufacturer's instructions and as shown on the p Width of curb inlet shall be four (4) feet. f 63 i - November 4, 1991 ABC Construction Co., Inc. 3120 National Ave. San Diego, CA 92113 Re: Bond Release - Project #3156 - Buena Vista Lagoon Visitation Area Per instructions from our Engineering Department, we are hereby releasing the followj bond for the above-referenced subdivision: Performance Bond No. 20900790 Seaboard Surety Co.; Remaining 25% $52,321.88 The bond is enclosed so that you can return it to your surety. Y** Assistant City C erk Enc. c: Yvonne, Eng. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280 wy Ikll - UW” I SAY ‘(r Date & - To &. h -%, @Reply Wanted From Cren Kundtz, Assistent City Clerk UNO Reply Necessary %L?JwY&dy /*.“z;;;i b Re: Bond Release - u *3/Jd- /4Bc le&&&dL Our records indicate that the #- I (X%* bond 3 the above-referenced subdivisionlproject iscligible for release. your written authorizationlapproval for release. Please let me know the status, and if release is o.k. We need +.’ f?L/, Thanks, PRIN3 Y- AIGNER FORM NO 55432 RELEASE APPROVED BY: I F/k/Y/ Date RELEASE APPROVED BY: RELEASE AUTHORIZED BY: :- RICHAR Principal E. Inspector COOK November 4, 1991 ABC Construction Co., Inc. 3120 National Ave. San Diego, CA 92113 Re: Bond Release - Project #3156 - Buena Vista Lagoon Visitation Area Per instructions from our Engineering Department, we are hereby releasing the followii bond for the above-referenced subdivision: Labor & Materials Bond No. 20900790, Seaboard Surety Co. $1 04,643.75 The bond is enclosed so that you can return it to your surety. d*Tz Assistant City erk Enc. c: Yvonne, Eng. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28C Y! Date 76 ._ 11 c I I - UUIV I 3UY . ""0) TO +z-..- JL- 6, mf3eply Wanted __ Froin Karen Kuridtz, Assistant City Clerk UNO Reply Necessary ile: Bond [{elease - &=+-/A& - A* Our records indicate tliat tlie b boric1 for tlie above-referenced subdivision/project is eligible for release. We need your written autliorization/approval for release. Please let me know the status, arid if release is o.k. -- B, -e- * &x& /& d+ & C& /&- &9?m 790 ,-- c* 'I'lianlts, is'/d$&. 7f 9- ' fl$, AIGNER FOnM HO 55-032 riiir RELEASE APPROVED BY: 2.- 25-4 I Date I RELEASE APPROVED BY: RELEASE AUTHORIZED BY: 1 2 nior nspector I ff * Principal Inspector I 8 vv 11c II - UUI\ I >UT Date ~ __ - ab To - h%&k&4%, BReply Wanted Froin (are, Kundtz, Assistent City Clerk UNO Reply Necessary k5La&Gdy /&kzGL da.%-- Re: Bond Release - Y L p.”3/r4- Awe - Our records indicate that the #A 44-2- bond 3 ttie above-referenced subdivisionfproject is eligible for release. your written authorizationfapproval for release. Please let me know the status, and if release is 0.k. Thanks, +*, /?&, We need PrIlC Y- AlGNER FORM NO 55432 I L 1 Date Ti?,$-.---. &/A<+&%/ && - &: -3A-d \"'\I I L I I - UWlY 1 LJm1 e BRepIy Wanted ,, ,' 'To Froiii Karcii Kuiidtz, Assistai~t City Clerk UNO f7eply Ncccssnry /+-..- J /L - 6,- ---------- -.--.. __ ---____. ._.._~__ __________-___..__ /&e Mp, e- Re: Uond Release - J OIJL- records ilitlicntc tl~at tl~c above-referenced subdivision/proj ect is eligible for release. \de need your writ teii nutliorization/approval for release. Please let iiie kliow the status, and if release is o.k. JL4 v di..-t&+L bo[l(l for tllC 'illaill<s, &* 4 %A& /k a7DYBd 770 d/D+%3.7f ' fld, Yd -* &e AiCtlEll I'OIlM 110. 55-032 r! I December 11, 1990 ABC Construction Co., Inc. 3120 National Avenue San Diego, CA 92113 Re: Bond Release - Buena Vista Lagoon Visitation Area The Notice of Completion for the above-referenced project has recorded Therefore, per instructions from our Engineering Department we are hereby releasing 75% of the Performance Bond. Please consider this letter as notification that $156,965.61 of Seaboard Surety Company Performance Bond No. 20900790 is hereby released. We are required to retain the remaining 25% for a period of one year. At that time, if no claims have been filed, it will be released. The Labor & Materials Bond in the amount of $104,643.75 will be eligib for release six months from the date of recordation of the Notice of Completion, on April 2, 1991. A copy of the recorded Notice of Completion is enclosed for your records. 'D $6 Assistant City Clerk Enc c: Eng. .___~ ______ ~ _._.____-_........-.-.....-- ~ _...._ ~ ._.__. __.--.--- ~-- 1200 Carlsbad Village Drive e Carlsbad, California 92008 - (619) 434-28 * Recording requested by: 1 1 CITY OF CARLSBAD 1 1 When recorded mail to: 1 1 City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Drive 1 780 Carlsbad. CA 92008 ) Space above for Recorder‘s Use Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. NOTICE OF COMPLETION The undersigned is owner of the interest or estate stated below in the property hereinafi described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, Californ 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on 6-26-9 The name of the contractor, if any, for such work of improvement is ABC Constructi Company. The property on which said work of improvement was completed is in the City of Carlsbi County of San Diego, State of Califorma, and is described as follows: Buena Vista Lagoc Carlsbad, County of San Diego (Visitation Area - Project No. 3304). The street address of said 8. VERTFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on - 9/J 5’ , 19@, accepted the above descnbed work as completed and ordered that a Notice Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ?,/$5/ , 19& at Carlsbad, California. CITY OF CARLSBAD City Clerk EXHIBIT 3